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JSOURNAL 


OF THE 





Council of Censors 


OF THE 


STATE OF VERMONT, 
MONTPELIER, 


1869. 


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PUBLISHED BY ORDER OF COUNCIL. 


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MONTPELIER: 
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1869. 


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SENATE CHAMBER, | 
Montpelier, Wednesday, June 2, 1869. 


THE Council of Censors, elected on the last Wednesday 
of March, A. D. 1869, convened in the Senate Chamber, 
at Montpelier on the first Wednesday, being the 2d day, of 
June, 1869, at 10 o’clock, A. M., when the following named 


members appeared and took their seats, to wit: 


HENRY LANH, 
J. B. HOLLISTER, 
WILLIAM HARMON, 


0 JASPER RAND, 

la H. HENRY POWERS, 

al J. R. CLEAVELAND, 

ae NATHANIEL W. FRENCH, 
i CHARLES C. DEWEY, 

i CHARLES K. FIELD, 

TIMOTHY P, REDFIELD, 

be CHARLES REED, 


mis JOSEPH W. COLBURN. 


cy The Council was called to order by Mr. RaAnp, and on 
~ motion of Mr. CoLBurn, 

& Cuartes K. Frevp was elected President pro tem., and 
5 on motion of Mr. RrEEpb, 

H. Henry Powers was elected Secretary pro tem. 


g 
~ Mr. Ranp introduced the following resolution, which was 
Sread and ad opted : 

Resolved, That the Rules of the last Council be the Rules of this 


Council until new ones are adopted. 


4 COUNCIL OF CENSORS. 





On suggestion of the President pro tem., the members of 
the Council presented their credentials to the Secretary. 

On motion of Mr. Lanze, Mr. Cotpurn was admitted to 
his seat as a member of the Council without producing his 
credentials. 

On motion of Mr. Reep, Mr. Harmon and Mr. Hot- 
LISTER were admitted to their seats as members of the 
Council without producing their credentials. 

On motion of Mr. Dewey, Mr. RAND was admitted to 
his seat as 2 member of the Council without producing his 
credentials. 


Mr. Dewey introduced the following resolution, which 
was read and adopted : 


Resolved, That a committee of three be appointed by the Chair to 
prepare rules for the government of the Council. 


Mr. REED introduced the following resolution, which 
was read and adopted : 


Resolved, That the Council proceed at 2 o’clock this afternoon to 
elect a President and Secretary of the Council by ballot. 


Mr. Lane introduced the following resolution, which 
was read and adopted : 

Resolved, 'That the President request some clergyman of Montpel- 
ier to attend on the Council as Chaplain, and that the mrning 
sessions of the Council be opened by prayer. 

The President announced as the Committee to prepare 
Rules for the Council, provided for by the resolution of Mr. 
DEWEY, 

Mr. Dewey, 
Mr. ReEep, 
Mr. Harmon. 


Mr. Ranp introduced the following resolution, which 
was read and adopted : 


Resolved, That the Sergeant-at-Arms be requested to attend on the 
Council during its session, by himself or deputy. 


On motion of Mr. Lan, the Council adjourned until 2 
o'clock this afternoon. 


te | 


COUNCIL OF CENSORS. 


On 





AFTERNOON. 


The Council proceeded to the election of President and 
.Secretary, agreeably to a resolution adopted at the morning 
session. The ballots for President having been taken, ex- 
amined and counted, Mr. CotBurn and Mr. FRENCH acting 
as tellers, it appeared that | 


Hon. CHARLES K. FIELD 
was elected President; and the ballots for Secretary having 
been taken, examined and counted, Mr CLEAVELAND and 
Mr. Lane acting as tellers, it appeared that 


ARTHUR CULVER, 
of Royalton, was elected Secretary. 


Mr. Dewey, from the Committee on Rules, submitted 
the following report, which was read, accepted and adopted : 
To the Council of Censors: 

The Committee appointed to prepare Rules for the gov- 
ernment of the Council, respectfully submit the following, 
and recommend their adoption : 


RULES. 
I. The Council shall meet daily (Sundays excepted) at 10 o’clock 


in the forenoon, andat 2 o’clock in the afternoon, until otherwise 
ordered. 


Il. The President shall take the chair at the hour to which the 
Council stands adjourned, and call the Council to order, and direct 
the members to the transaction of business. 


IIL No member, without leave first obtained, shall absent him- 
self from the sessions of the Council. 


IV. Upon the demand of a member, the yeas and nays shall be 
taken upon any pending question, and recorded upon the journal of 
the Council. 


V. The Standing Committees of the Council shall be as follows : 


1. A Committee consisting of three members, whose duty it-shall 
be to inquire whether the Constitution has been preserved inviolate 
during the last septenary; which shall be called the Committee on 
the Powers of the Constitution. 

2. A Committee consisting of three members, whose duty it shall 
be to inquire whether the legislative branch of the government has per- 


6 COUNCIL OF CENSORS. 


formed its duty as guardian of the people, or has assumed to itself 
or exercised other or greater powers than are conferred upon it by 
the Constitution, and particularly whether the laws have been duly 
executed ; which Committee shall be called the Legzslative Committee.. 


3. A Committee consisting of three members, whose duty it shall 
be to inquire whether the Executive Department of the government 
has performed its duty as guardian of the people, or has assumed 
or exercised other or greater powers than the Constitution confers 
upon it; which Committee shall be called the Executive Committee, 

4, A Committee consisting of three members, whose duty it shall 
be to inquire whether the public taxes have been justly laid and col- 
lected, and in what manrer the public money has been expended ; 
which Committee shall be called the Committee on Taxes and Ex- 
penditures. 

Vi. The committees shall be appointed by the President ; but 
such appointments may, on motion of a member, be overruled and 
the vacancy filled by the Council on nomination ; and members may 
be added to a committee by vote of the Council. 


V1. Motions, on request of the President, shall be reduced to 
writing by the member making the same. 
VIII. A motion to adjourn shall always be in order. 
IX. Motions and resolutions shall have precedence as follows : 


. To dismiss. 
To postpone to a day certain, 
. To lie on the table. 
. To commit. 
To amend. 


OTH CO DD je 


Respectfully submitted, 
CHARLES C. DEWEY, 
for the Committee. 


Mr Coxrsurn introduced the following resolution, which 


was read and adopted : 

Resolved, That a committee of three be appointed to take into. - 
consideration the expediency of changing the mode of amending the 
Constitution, so as to refer to legislative action for propositions, and 
refer directly to the people for a final decision, as more appropriate 
and less expensive than the present system, and more in accordance 
with republican ideas and democratic equality, 


Mr. Rawnp introduced the following resolution, which 


was read and ordered to lie: 

Reolsved, That the Committee on the Powers of the Constitution be 
directed to inquire into the expediency of so amending the Consti- 
tution of this State as to extend the right of suffrage to all the cit- 
izens of this State without regard to sex. 


COUNCIL OF CENSORS. fi 


Mr. Dewey introduced the following resolutions, which 
were read and adopted : 


Resolved, That a committee of three members be appointed to 
“inquire into the expediency of so amending the Constitution as to 
enlarge the term of office of the Judges of the Supreme Court, and 
to fix their salaries ; and also to inquire into the expediency of chang- 
ing the mode of their election. 


Resolved, That the same committee be also instructed to inquire 
and report as to whether evils and defects exist in the present chan- 
cery system of the State; and whether the action of this Council 
under the provisions of the Constitution may and should be invoked 
to remove or ameliorate such evils and defects if found to exist. 

On motion of Mr. Reep, the Council took a recess for 


one half hour. 


At the expiration of the time for recess, the Council was 
again called to order, and the President announced the fol- 
lowing special committees : 

On the resolution of Mr. CoxBurn, relating to the 
mode of amending the Constitution, 


Mr. Conzurn, 
Mr. Lanz, 
Mr. Powers. 


On the resolution of Mr. Dewey, relating to the Judi- 


clary, ie 
Mr. Dewey, 
Mr. Reprretp, 
Mr. Ranp. 


On motion of Mr. Reep, the resolution of Mr. RAnp, 
relating to woman suffrage, was called up and so amended 
as to read as follows: 


Resolved, That a committee of three be appointed to inquire into 
the expediency of so altering the Constitution as to extend the right 
of suffrage to all the citizens of this State without regard to sex. 


And the resolution as amended was adopted. 
I 


Mr. Dewey introduced the following resolution, which 
was read and withdrawn by leave: 


Resolved, That when this Council shall adjourn to-morrow, it ad- 
journ to meet at the State House, at Montpelier, on Tuesday, the 
19th day of October next, at ten o’clock in the forenoon. 


5 COUNCIL OF CENSORS. 





Mr. CoLBuRNn introduced the following resolution, which 


was read and adopted : 

Resolved, That a committee of three be appointed to consider the 
expediency of biennial sessions of our legislature instead of annual, 
and of electing officers for two years; leaving the executive power 
to call extra sessions as it is now. 


Mr. Lane introduced the following resolution, which 
was read and ordered to lie: 


Resolved, That a committee of three be appointed to inquire and 
report upon the expediency of so amending the Constitution that 
corporations may be formed under general laws, but shall not be 
created by special acts. 


On motion of Mr. Ranp, adjourned. 





THURSDAY, JUNE 3, 1869. 


Prayer by Rev. Dr. W. H. Lorn, of Montpelier. 


Journal of Wednesday read and approved. 


The President announced the appointment of the following 
standing committees : 


On the Powers of the Constitution, 


Mr. Dewey, 
Mr. Ranp, 
Mr. CLEAVELAND. 


The Legislative Committee, 


Mr. Reprie.p, 
Mr. Frencu, 
Mr. Harmon. 


The Hxecutive Committec. 
Mr. Reep, 
Mr. Co.zurn, 
Mr. Powers. 


COUNCIL OF CENSORS. 9 





On Taxes and Hxpenditures, 


‘Mr. Ross, 
Mr. Ho.uister, 
Mr. Lane. 


* The President also announced the appointment of the 
following special committees : 


On the resolution of Mr. CoLtpurn, relating to biennial 


sessions and elections, 
Mr. Ranp, 
Mr. Co.zsurn, 
Mr. Harmon. 


On the resolution of Mr. Rawnp, relating to woman 


suffrage, 
Mr. Rano, 
Mr. Reep, 
Mr. Powers. 


Mr. Dewey introduced the following resolution, which | 
was read: 


Resolved, That when this Council adjourns to-morrow, it will 
adjourn to meet at the Capitol in Montpelier, on the 3d day of Au- 
gust next, at ten o’clock in the forenoon. 

Mr. Powers moved to amend the resolution by substitu- 
ting in place of the words “3d day of August,” the words 
last Tuesday in July, which motion was by leave with- 
drawn. 


Mr. Dewey, by leave, amended his resolution by substi- 
tuting in place of the words “3d day of August,” the words 


27th day of July. 


Mr. LANE moved to amend the resolution of Mr. DEwry, 
by substituting in place of the words , “ 27th day of July,” 
the words 19th day of October. 

The question being, Shall the amendment be adopted? 
the yeas and nays were demanded by Mr. Rann. 

The vote being taken, those members who voted in the 


affirmative are Messrs, 
CoLBuRN, Lane—2. 


10 COUNCIL OF CENSORS. 





Those members who voted in the negative are Messrs. 


CLEAVELAND, FRENCH, Powers, 
Dewey, : Harmon, Rann, 
FrIe.p, HoLuistEr, Rerp—9, 


So this motion to amend was lost. 


Mr. Lane moved to amend this resolution by substituting 
for the word “to-morrow,” the words Mriday, at 8 o’clock, 
which was withdrawn by leave, and the resolution as amended 
was, on motion of Mr. Resp, ordered to lie. 


Mr. CLEAVELAND introduced the following resolution, 
which was read and adopted : 


Resolved, That the committee on the resolution relating to the 
mode of proposing and adopting amendments to the Constitution of 
this State, be instructed to inquire into the expediency of so amend- 
ing the Constitution as to abolish the Council of Censors, and to pro- 
vide some other method of amending the Constitution of this State. 

Mr. Powers introduced the following resolution, which 
was read and adopted : 


Resolved, That the Committee on the Powers of the Constitution 
be instructed to make inquiry whether section nineteen of part sec- 
ond of the Constitution has been violated by any member of the 
Legislature during the last septenary, and that such committee have 
leave to sit at any time during the term of office of this Council, and 
have power to send for persons, papers and records, 

Mr. Ranp introduced the following resolution, which was 
read, and on motion of Mr. CLEAVELAND, ordered to lie: 


Resolved, That the Legislative Committee be directed to inquire 
why the ninety-fourth chapter of the General Statutes of this State 
(relating to the traffic in intoxicating drinks), has not been executed, 
and report their opinion of the causes of the failure of the execution 
of the same. 


Mr. REED called up the resolution of Mr. Dewey, relat- 
ing to the time of adjournment of this Council, which had 
been read and ordered to lic, and moved to amend the same 
by striking out all of said resolution after the word “ Re- 
solved,” and inserting in lieu thereof the following: That 
when this Council shall close its present session, tt shall 
adjourn to meet and hold tts second session at the Capitol, 
in Montpelier, on the 27th day of July next, at 10 o'clock 
in the forenoon. 


COUNCIL OF CENSORS. 11 


And this motion to amend prevailed, and the resolution as 
amended was adopted. 

The resolution of Mr. Lane relating to corporations was 
called up by Mr. Lanu, considered, and again ordered to lie. 


On motion of Mr. Powers, adjourned. 


AFTERNOON. 


Mr. Ranp called up a resolution introduced by him relat- 
ing to chapter ninety-four of the General Statutes, and upon 
his motion, the resolution was so amended as to read as fol- 
lows: 


Resolved, That the Legislative Committee be instructed to inquire 
whether the provisions of the ninety-fourth chapter of the General 
Statutes, relating to the traffic in intoxicating drinks, have been duly 
enforced ; and if it be found that said provisions have not been so en- 
forced, that said committee report as to the causes of said failure. 


And the resolution as amended was adopted. 


Mr. Dewey called up the resolution of Mr. Langs, relat- 
ing to corporations, and moved to amend the same so as to 
read as follows: 


Resolved, That a committee consisting of three members be ap- 
pointed to inquire into the expediency of so amending the Constitu- 
tion as to prohibit the creation of private corporations by special 
enactment; and that said committee have liberty to report such 
amendment or addition to the Constitution in respect thereto as they 
may deem to be necessary, 


Which was agreed to, and the resolution as amended 
was thereupon adopted. 


Mr. Lane introduced the following resolution, which 
was read and adopted : 

Resolved, That the Secretary be authorized to make up and certify 
the debentures of the Council, and the officers and attendants em- 
ployed by them during their present session. 


Mr. Powers introduced the following resolution, which 
was read : 


Resolved, That the select committee appointed to consider the 
expediency of abolishing the Council of Censors, be instructed to 


12 COUNCIL OF CENSORS. 





consider the expediency of increasing the number of the Council to 
thirty, to be apportioned to the different counties in the same man- — 
ner as senators are. } 

The question being, Shall the resolution be adopted? the 
yeas and nays were demanded by Mr. CoLBurn. 


The vete being taken, those members who voted in the 
affirmative are Messrs. 


CLEAVELAND, FRENCH, . Rann, 
Dewey, Lang, Rrrp—8 
FIELD, Powers, 


Those members who voted in the negative are Messrs. 
CoLBURN, Harmon—2. 
So the resolution was adopted. 


Mr. CLEAVELAND introduced the following resolution, 
which was read and adopted : 


Resolved, That the Secretary procure one hundred and fifty copies 
of the Journal of this Council at its present session to be printed, 
and that he forward by mail one copy thereof to the publishers of 
each daily and weekly paper in this State, and five copies to each 
member of this Council. 


Mr. Dewey introduced the following resolution, which 
was read an adopted : 

Resolved, That the Treasurer of this State be requested to furnish 
to this Council at the commencement of its adjourned session a 
statement of balances due, if any, from officers who, by virtue of 


their office, are required to account to him for balances in their 


hands belonging to the State, and the time when such balances 
accrued. 


The President announced as a special committee on the 
resolution of Mr. Lane, relating to corporations, 


Mr. Lane, 
Mr. Ho.tistrer, 
Mr. Frencu, 


Mr. CoLsusn introduced the following Resolution, which 
was read and adopted : 


Resolved, That the Legislative Committee be instructed to inquire 
whether the laws of this State regulating the rates of interest have 


COUNCIL OF CENSORS, 13 


been disregarded and violated, and that for this purpose they have 
power to send for persons and papers, and that said committee report 
the causes of such violation, if found to have existed, and whether 
it be within the province of the powers of this Council to provide a 
remedy, 


Mr. Reep introduced the following resolution, which 
was read and adopted : 


Resolved, That each Committee of this Council to which has been 
referred any proposed amendment of the Constitution or subject of 
consideration, notwithstanding the instructions to said committee 
may be specific, is hereby requested and authorized to report such 
amendment to the Constitution or other proceeding pertaining to the 
general subject committed to it, as any committee shall deem the 
public interest requires. 


On motion of Mr. Rrep, the Council took a recess of ten 
minutes, after which 

Mr. Drwey introduced the following resolution, which 
was read and adopted : 


Resolved, That the Committee on the Powers of the Constitution 
be instructed to inquire whether the legislative branch of the gov- 
ernment, in the enactment of certain statutes enabling towns to grant 
aid to railroad corporations, has assumed to itself and exercised 
greater power than it is entitled to by the Constitution. 


e 


Mr. CLEAVELAND introduced the following resolution, 
which was read and adopted : 


Resolved, That at the close of the session of this Council to-mor- 
row morning, the Council adjourn to meet on the 27th day of July 
next, as heretofore ordered. 


Mr. Lane introduced the following resolution, which was 
read and adopted : 


Resolved, That the Auditor of Accounts. be requested to furnish 
this Council, at their adjourned session, a statement of balances due 
the State, if any, from the Judges of. Probate and County Clerks in 
the several Counties and Districts, and the years in which such bal- 
ances accrued, and the names of such delinquent cflicers. 


On motion of Mr. Harmon, adjourned. 


14 COUNCIL OF CENSORS. 


FRIDAY, JUNE 4, 1869. 


Prayer by Rev. Dr. W. H. Lorn. 

Journal of Thursday read and approved. 

On motion of Mr. Resp, the Council adjourned, to meet 
at the Capitol, in Montpelier, on the 27th day of July next 
at 10 o’clock, A. M., agreeably to a resolution of the 
Council. 


SECOND SESSION. 


TUESDAY, JULY 27, 1869. 


Prayer by Rev. S. Houtman. 


On motion of Mr. Frencu, Mr. Ross was admitted to his 
seat as a member of the Council without producing his cre- 
dentials. 


The following communications in response to resolutions 
adopted by this Council at its first session were read and re- 
ferred to the Committee on Taxes and Expenditures : 

STATE OF VERMONT, 


OrFice oF State TREASURER, 
MontPe.ier, July 27, 1869. 


To the Honorable Council of Censors : 

In response to the resolution of your body passed on the third day 
of June last, requesting the Treasurer of this State to furnish a 
statement of balances due from officers, who by virtue of their office 
are required to account to him for balances in their hands belonging 
to the State, and the time when such balances accrued, 1 have the 
honor to report: There are balances due from the following named 
officers on account of the State tax assessed under the authority of 
the act of 1868, as follows: 


Irving Dunshee, Collector of Taxes, Bristol............ ooo 424 77 
L. A. Drew, & Sf Orlin tomy Fe < fei wars sts s 1,291 49 
R. J. Morse, 6 COMME LLOUe a acles ec aka de « 450 93 
Charles S. Clark, ‘ PP aAIMAlCde Wedkiesitee css), O02, 28 
EK. Emerson, 2d, ‘ 661) WIROCHGBEOR x '6 Pare eyes ares 65 57 
Thomas Failey, 6s eo as Stee A DANG a wo chs ated si pie 3,085 80 
D. H. Beattie, Col’r. of Taxes unorganized towns in Essex Co. 9 72 

DEM ee COUR Ole c oa cine da aevactcusesessecs cr sais . 665,993 19 


The balances above named, all became due on the first day of June 
last. 
Respectfully submitted, 
J. A. PAGE, State Treasurer. 


16 COUNCIL OF CENSORS. 





Avuprror’s OFFice, 
Mippiezury, V1., July 23, 1869. 


To the Honorable Council of Censors : 

In response to a resolution of your honorable body, I have the 
honor to report that there is no balance due the State from any 
judge of probate, and that there is no balance due from any county 
clerk which accrued in any former year, and only such balances are 
outsta nding as arise from money advanced under the statute to the 
clerks of Bennington, Lamoille and Orleans counties, to pay deben- 
tures of court, jurors and witnesses, at the last term of the county 
court, in their respective counties, in respect to which returns have 
not yet been received. 

DUGALD STEWART, 
Auditor of Accounts. 


On motion of Mr. CLEAVELAND, adjourned. 


AFTERNOON. 


On motion of Mr. Dewey, the Council resolved itself 
into a committee of the whole. 


The committee of the whole having arisen, and no repor t 
being made, Mr. HOuuister introduced the following reso- 
lution, which was read and adopted : 


Resolved, That the Committee on the Powers of the Constitution 
be directed to inquire into the expediency of so amending the con- 
stitution of this State, as to authorize the Legislature to enact laws 
giving to the Judges of the Supreme and County Courts, the right 
in their discretion to refer civil causes pending in said courts. 


On motion of Mr. Lane, adjourned. 


WEDNESDAY, JULY, 28, 1869. 


Prayer by Rev. S. Houtman. 
Journal of Tuesday read and approved. 
Mr. Dewey introduced the following resolution, which 


COUNCIL OF CENSORS. 17 





was read and referred to the Special Committee on Woman 
Suffrage : 
Resolved That the Committee on Woman Suffrage be instructed to 


inquire into the expediency of amending the twenty-second section 
of part second of the Constitution, so as to read as follows : 


Src. 22. The inhabitants of this State, without distinction of 
sex, shall be trained and armed for its defense, under such regula- 
tions, restrictions and exceptions as Congress, agreeably to the Con- 
stitution of the United States, and the Legislature of this State, 
shall direct. The several companies of militia shall, as often as va- 
cancies happen, clect their captain and other officers, and the captains 
and subalterns shall nominate and recommend the field officers of their 
respective regiments, who shall appoint their staff-officers. And no 
beeen shall be disqualified to hold any military office on account 
of sex. 


Mr. Reep from the Special Committee on Woman Suf- 
frage submitted the following report, which was read and 
accepted : 


To the Honorable Council of Censors now in session : 

The Special Committee appointed under the following resolution, 

Resolved, That a committee of three be appointed to inquire into 
the expediency of so altering the Constitution as to extend the right 
of suffrage to all the citizens of the State, without regard to sex, 

Having duly considered the same, report : 

The Declaration of Independence asserts that ‘all men .are 
created equal,” that * governments derive their just powers frem the 
consent of the governed.” 

The first clause of our own State Constitution declares that ‘ad/ 
men are born equally free and independent, and have certain natu- 
ral, inherent and inalienable rights, among which are the defending 
and enjoying life and liberty, acquiring, possessing and protecting 
property, and pursuing and obtaining happiness and safety.” 

“ Taxation and representation are inseparable,” cried the fathers 
of the Revolution. 

We all believe these to be self-evident propositions, and that they 
apply to all mankind, man and woman alike. 

Suffrage is an expression of opinion by ballot. The qualifications 
are, capacity to understand the effect of public measures and a desire 
for the public welfare. And it is the right of any one person who 
possesses these qualifications, as much as it is the right of any other. 

9) 


18 COUNCIL OF CENSORS. 








But one-half of the people of our State are denied this right, and 
woman has no vote. Yet she has all the qualifications—the capacity, 
the desire for the public welfare. She is among the governed. She 
pays taxes. 

Even-banded justice, a fair application of the primciples of the 
Declaration of Independence and of our State Constitution, above 
quoted, give woman the ballot, and do not shut out from it one-half 
of the intelligence and more than one-half of the moral power of 
the people. Custom and prejudice alone stand in the way. There 
is no reason why woman should not be allowed to do what she is so 
eminently fit to do. We have seen no objection to woman suffrage 
that has not been successfully met. We know no good reason why 
the most ignorant man should vote, and the intelligent woman be re- 
fused. ; 

Our present political institutions were formed and shaped when 
men had their chief interests and pursuits out of doors, and women 
remained the humble slaves at home. The social change has been 
immense. Now woman sits by the side of man, is his companion 
and associate in his amusements, and in all his labors, studies, pur- 
suits and interests, save the one of governing the country. And it 
is time that she should be his associate in this. 

Some of the best minds of the English race have been fathoming 
this subject. It is so extensive that we cannot present it within the 
limits which would secure the attention of even members of this 
Council. For statements of some of the views of woman suffrage 
entertained by your committee, the Council is referred to the Speech 
of John Stuart Mill in the British Parliment, May 20, 1867, the 
address of Henry Ward Beecher at the Cooper Institute, New 
York, and to the recent report of the Joint Special Committee on 
Woman Suffrage to the Senate of Massachusetts, May 24, 1869. 

We fully concur in the sentiments of the following extracts from 
ithe address of Mr. Beecher : 


Look, for a moment, at some of the results that would accrue from 
the granting of the liberty of suffrage to women. 


What would be the effect of their votes in the selection of men for 
offices—town, state, and national? Do you not know, does not every 
politician know, does not every man that is at all conversant with 
public affairs know, that you are obliged to choose men for office 
with reference to those who are to vote for them, and that if men 
were selected whose election depended as much upon the votes of 
women.as upon the votes of men, not one bad man would be put up 


COUNCIL OF CENSORS. 19 








where there are fifty selected now? The voting of women would be 
the sifting of men throughout the nation. 


Now, the moment you bring into our public affairs woman’s influ- 
ence, her stronger moral sentiment, her love of disinterested kind- 
ness, her deep and ineradicable sentiment of purity, her moral cour- 
age, and faith in all that is good, her yearnings and aspirations for 
the higher, serener, and more heavenly truths and knowledges; the 
moment you bring together in public affairs virile strength and female 
refinement,—then you will have God’s foundation for moral] purity 
and public peace ; and great moral interests and questions of human- 
ity will take the place of selfishness and miserable quarreling expe- 
dients. Then, principles will be discussed and applied, and legislation 
will grow heroic again. . f . : ’ * 


If women were to vote there would be an end of indecent voting 
places. * ¥ * If father and mother, husband and wife 
brother and sister, man and woman, inspired by the sanctity of pa- 
triotism, were to go forth together to vote, do you suppose that our 
elections would be characterized by the vulgarity and violence which 
now defile them ? . 


What is there in depositing a vote that would subject a woman to 
such peculiar exposure? A woman, in dropping a letter into the post 
office, is made more public, andis full as much indelicate as in de- 
positing her vote. A vote is the simplest, the neatest, the most un- 
obtrusive thing imaginable, This white slip of paper drops as 
quietly and gently as a snow flake on the top of the Alps; but, like 
them, when coliected, they descend like avalanches. Woe be to the 
evil which they strike! Let the man who is the most fastidious, who 
prides himself most on his refinement, find fault, if he can, with the 
yote of a woman,—a thing that is so easy, so simple, but that would 
carry into human affairs a power almost like the right hand of the 
Almighty. * ss 5 ws 3 i 


To-day, the proudest throne on the globe is honored by a woman. 
No person is shocked that she is at the head of empire. Every rea- 
son urged against a larger liberty for woman is illustriously confuted 
by the dignity, purity and womanly propriety with which Victoria 
stands before her empire, and before the world. 


It is only woman without a title, that must have no privileges. 
Woman, in her own simple self, with nothing but what God gave 
her, plain, democratic woman, is not deemed worthy of honor and 
publicity. With a crown on her brow, she may enter parliaments, 
and govern empires. With only her own simple personal virtues, 
she thay not lift up her hand to cast a vote! If she represents a 
power, a state, an art, a class, if she only stand upon an aristocratic 
base, she is indulged, But woman, in her own nature, and rep- 
resenting her own self, is disowned and rebuffed! Now, as a Chris- 
tian democrat, I assert for her every right and every privilege that 
aristocracy accords her.” 


20 COUNCIL OF CENSORS. 





George W. Curtis, in the New York Constitutional Convention, 
Says : 

“Tt seems to be thought that if woman practically took part in 
politics, the home would be left a howling wilderness of cradles, and 
a chaos of undarned stockings and buttoniless shirts. But how is it 
with the men? Do they desert their workshops, their plows and 
offices, to pass their time at the polls? Is it a credit to a mam to be 
called a professional politician? The pursuits of men in the world, 
to which they are directed by the natural aptitude of sex, and to 
which they must devote their lives, are as foreign from political func- 
tions as those of women. To take an extreme case: there is nothing 
more incompatible with political duties in cooking and taking care of 
children than there is in digging ditches or making shoes, or in any 
other necessary employment, while in every superior interest of soci- 
ety growing out of the family, the stake of women is not less than 
men, and their knowledge is greater. In England, a woman who 
owns shares in the Hast India Company may vote. In this country 
she may vote as a stockholder upon a railroad from one end of the 
country to another. Butif she sells her stock, and buys a house 
with the money,.she has no voice in the laying out of the road before 
her door, which her house is taxed to keep and pay for. And why, 
in the name of good sense, if a responsible human being may vote 
upon specific industrial projects, may she not vote upon the industrial 
regulation of the State? There is no more reason that men should 
assume to decide participation in politics to be unwomanly than that 
women should decide for men that it is unmanly.” 


The position of woman in regard to the common schools of the | 
State is the must absurd and unjust that can be imagined. She 
must always be the chief instructor of the young in point of time and 
influence. She is their best teacher at home and in the schoo]. And 
her share in this ever expanding work is becoming vaster every day. 
Woman as mother, sister, teacher, has an intelligence, a comprehen- 
sion of the educational needs of our youth, and an interest in their 
development, far in advance of the other sex. She can organize, 
control and teach the most difficult school in the State; yet she has 
no vote in the selection of teachers, the building, arrangements and 
equipment of school-houses, neither in the method and extent of in- 
struction. She can pay her share of the expenses of schools, but can 
have no legal voice in their management. She can teach, but she 
can have no vote in determining what shall be taught. She is the 
very corner-stone of institutions which she has no lawful vote in 
shaping. 

Suffrage alone can carry woman’s equal right and privilege into 
the district school. And especially let us have her open, avowed 


COUNCIL OF CENSORS. 21 


and public responsibility and co-operation,—always safer than indi- 
rect influence—always more honest and efficient than a kitchen cab- 
inet. 


This subject is one that promises to engross the thoughts of this 
generation, and it will be agitated till in the progress of events the 
right of woman to vote will not be questioned. This result is just 
as certain as it is that in the end the cause of truth ever triumphs. 


We believe that woman, married or unmarried, was made to be 
the companion of man and not his mere servant; that she has the 
same right to control her property that he has to control his; that 
she has the same right to aspire to any occupation, profession, or po- 
sition, the duties of which she is competent to discharge, that he has. 
A right is worth nothing without the power to protect it. The bal- 
lot alone can do this. 


When the black man of the South was made a free man, the bal- 
lot was given him as the only sure mode of protecting his freedom 
and the equal rights freedom confers. 


And we should glory in seeing Vermont, first of all lands, accord 
to woman her equal rights before the law, and invest her with their 
only sure safeguard, the right of suffrage. 


After abolishing human slavery, the next great conquest of the 
United States over wrong and error, will be to take woman from the 
feet of man and place her by his side, invested with every right and 
privilege of her present “lord and master” that the law can confer. 
And in this is involved his highest interests. Whatever will elevate 
her will elevate him. That they rise or sink together all history 
shows. 


The form of an, article of amendment to the constitution is ap- 
pended, the adoption of which your committee recommend. 
Respectfully submitted, 


JASPER RAND, 
CHARLES REED, Committee. 
H. HENRY POWERS, 


Montpelier, July 27, 189. 


Proposed Article of Amendment. 


Articte No. 24. Hereafter women shall be entitled to vote, and 
with no other restrictions than the law shall impose on men, 


22 COUNCIL OF CENSORS. 


On motion of Mr. Powers, 

Ordered that the report lie and that the Sceretary pro- 
cure the printing of five hundred copies fer the use of the 
Council. 


On motion of Mr. Reep, adjourned. 


AFTERNOON. 


Mr. Lane from the Special Committee on the resolution © 
relating to corporations submitted the following report, which 
was read and accepted : 


To the Honorable Council of Censors : 

The committee appointed to inquire into the expediency of so 
amending the Constitution as to prohibit the creation of private 
corporations by special enactments, report that they have had the 
same under consideration, and recommend the adoption of the fol- 
jowing amendment : 


ARTICLE —— 


Sec. 1. Corporations may be formed under general laws. They 
shall not be created, nor their powers increased or diminished by 
special acts except for municipal purposes. All such laws may be 
altered or repealed. The Legislature shall not authorize the consol- 
idation of railroad corporations owning parallel or competing lines 
of road. 


Ssc. 2. Dues from corporations shall be secured by such indi- 
vidual liability of the corporators and other meins as may be pre- 
scribed by law. 

Sec. 8. The term cerporation, as used in this article, shall be 
construed to include all associations and joint stock companies hay- 
ing any of the privileges or powers of corporations not possessed by 
partnerships or individuals. Corporations shall have the right to 


sue and may be sued in all courts by their corporate names. 
HENRY LANE for the Committee. 


On motion of Mr. Ross, 
Ordered that the report lie, and that the Secretary procure 
the printing of one hundred copies for the use of the Council. 


COUNCIL OF CENSORS. 23 











Mr. Powers submitted the following report, which was 
read, accepted, and ordered to lie: 


To the Honorable Council of Censors now in session : 

A majority of your committee to whom was referred the resolution 
of Mr. Coxpurn favoring an amendment to the Constitution, abolish- 
ishing the Council of Censors, and referring to legislative action for 
changes in the Constitution ; and also the resolution of Mr. Powers 
to increase the number of the Council of Censors to thirty, respect- 
fully report that in their judgment both of the propositions above 
named are unwise and inexpedient. 

Respectfully submitted, 


HENRY LANE, 
H. HENRY POWERS, 


On motion of Mr. Dewey, adjourned. 


Committee. 





THURSDAY, JULY 29, 1869. 


Prayer by Rev. 5. Houman. 


Journal of Wednesday read and approved. 

Mr. Ranp from the Special Committee on Biennial Ses- 
sions and Elections submitted the following report, which was 
read and accepted : 

To the Council of Censors : 

Your committee, appointed to consider the resolution in relation 
to biennial sessions of the Legislature and elections, respectfully re- 
port that, upon consideration of the subject, they recommend that 
the Council propose the following amendment to the Constitution, viz: 


ARTICLE. 


Your committee submit the following among the reasons which 
induce them to make this recommendation : 


24 COUNCIL OF CENSORS. 





"They are of opinion that it is not always necessary that there 
should be an annual session of the General Assembly. 

The business transacted by the General Assembly is properly consid- 
ered under the two classes of public and private enactments. So far as 
our public laws are concerned, it is to be noticed that ours isan inland 
State with a homogeneous population, that our territorial limits are 
small, our people law-abiding and intelligent, that with such a State 
and such a people we do not require the amount of legislation that 
1s required in some other States. Your committee are of opinion that 
a careful scrutiny of the history of our State Legislature for the past 
twenty years will show that in most cases our public legislation has 
been confined to trivial matters, and that no important changes have 
been made in our laws as often as once in two years, nor indeed for 
much longer periods. Such scrutiny will also show that in many 
instances, such changes as have been made, have been had unad- 
visedly, so that no inconsiderable part of the business has been to 
undo and repeal what had been so hastily done the year before. In 
this view your committee are of opinion that we have had too much 
legislation; that the continual tinkering of the laws, by making 
amendments one year and repealing them the next, and the numerous 
minor modifications of our statute which our legislation has produced, 
have not beer profitable to the State. Such legislation has increased 
litigation instead of diminishing it. Our Reports show that a very 
_ large proportion of the disputes settled in the Supreme Court, grow 
out of the construction of newly enacted statutes. No legislature 
can form a statute so perfectly but the interests of parties, and the 
ingenuity of counsel can raise questions as to its construction. When 
therefore, a statute has been enacted and its construction settled, 
nothing but a clear and strong reason should cause its change. 

Now, therefore, if we change the sessions of our General Assem- 
bly from annual to biennial, the result will be not only that there 
will be less opportunity for unimportant and unnecessary change, but 
from having a longer public consideration before coming before the 
General Assembly, such propositions of amendment as are made will 
be examined more carefully and determined more judiciously. 

So far as private legislation is concerned, most of it is quite un- 
important, being simply the creation of minor corporations, and, - 
whether we bave annual or biennial sessions will soon be disposed of 
as in other States, by general enactments for creating private asso- 
ciations, by which the rights of the public will be secured, and at 


COUNCIL OF CENSORS. 25 











the same time corporate power be granted whenever needed. We 
have now upon our books hundreds of acts creating private corpora- 
tions, which have not been of benefit to any party sufficient to pay 
for the white paper upon which they were printed. 

Occasionally, itis true, there come up grave questions as to 
granting corporate rights and public franchises which deserve the at- 
tention of the Assembly, but these do not arise every year, and when 
they do come up, it most usually happens that many years elapse 
from the first start to the final perfection of the enterprise, so that a 
delay of a year in the legislation would not retard the public benefit. 
In most of the questions of importance that arise in practice, the 
General Assembly is made to serve not the part of a legislature, de- 
liberating for the public good, but the arena in which rival and 
hostile private interests seek to gain advantage over each other. 
With all such matters, the less we have to do the better for the 
public. 

_ From these considerations, your committee are of opinion that the 

interest of the State would be advanced by having the sessions of 
the General Assembly less frequent; that at least the expense of 
some of the sessions could be saved. This last, though a minor is 
by no means an unimportant consideration. 

At the same time, whenever the public good requires it, the As- 
sembly can be convened the same as now, either for adjourned ses- 
sions or upon call of the Governor. The effect of the amendment 
recommended would not be todeprive the State of any needed sessions, 
- but only to give us the power to dispense with such as are found to 
be unnecessary. | 

Another consideration to be regarded in this connection is the ef- 
fect of the proposed change upon the character of the officers to be 
elected. In this respect your committee are of opinion that the pro- 
posed change will not materially modify the present state of affairs. 
Under the present system it is almost the universal practice to give a 
second election, and so practically we now select our officers for terms 
of two years. If it should result that under the change, officers 
should then be re-elected, so giving a four years’ term of office where 
we now have but two, the effect would of course be to lessen the 
nnmber of men holding offices in the State, and this, if it produe ed 
any difference, would improve the character and qualifications of the 
officers, for asa general rule more care is had in the selection of 
a few than of many. 


26 COUNCIL OF CENSORS. 


It is no valid ground of objection that officers will act more care- 
fully and with better judgment when they know their actions are to 
be subjected to the scrutiny of their constituents on their re-election. 


Such views are libels on our officers and people. A judge who 
would vary his judgments for the sake of influencing his reélection, 
would be doing wrong and deserve impeachment. A legislator who 
has no higher motive for good conduct than the hope of a re-election is 
unfit for his place. Such would be unworthy motives to influence 
their action. It would then be a strangely inconsistent course of rea- 
soning that should claim that the conduct of men in official positions 
would be improved by seeking to give them unworthy inducements 
It would be as if some one should recommend that every suitor hay- 
ing the right of a case should bribe the jury to further justice. 


Our experience is an abundant refutation of this objection. We 
uniformly elect our officers twice. It is generally expected that all 
our officers will have one re-election, and is generally understood that 
they are not to have another. Now if there were force in the ob- — 
jection we should find that officers did better in their first than in 
their second years of office. This is not so. Your committee sub. 
mit that the observation of every intelligent citizen will confirm 
the statement that if there be any difference it is in favor of the 
second year, on account of the increased knowledge and experience 
given by the first year’s service. 


Another objection to the proposed change is that a long term of 
office lays open the incumbents, and more especially the members of 
he General Assembly, to improper influences before the sessions, 
and that we ought not to have a long time intervene between their 
election and their active service, on the same principle that jurymen 
are selected but a short time before the terms of court to which they 
are returned. 

This objection is answered practically by the same facts we have 
just been considering. 

In theory there would be force in the objection if all our mem- 
bers were venal. They are not such, and although rare instances are 
found of individual shortcomings, our General Assemblies never have 
been carried by corrupt means, and with our present basis of repre- 
sentation there is little fear they ever will be. The great majority 
of our members are honest men, and we’may safely expect they will 
continue such. 


COUNCIL OF CENSORS. 27 


Now if a biennial election gives greater opportunities to approach 
the one venal member, it must at the same time give the ten or twenty 
honest members to be found for every corrupt one a better opportu- 
nity for honest study and careful information as to their official du- 
ties, and give more wisdom to them, which is the controlling action 
of these Assemblies. 

Another very important consideration is the expense of annual 
elections. We have, say 40,000 to 50,000 votes cast at every State 
election. ‘The time of each of these voters in attending the election 
is just as much a tax on the community as if each voter were assessed 
the value of that time, and the money paid over to somejtax-gath- 
erer. Add to this the time spent in attending primary meeetings, 
caucuses, and conventions, and in canvassing and soliciting votes, and 
it is safe to say that every election costs the State at least as much 
as a full day’s work of each voter, or $100,000. For this we get 
no return unless we get it in the benefit of the election. 

We have already seen tnat most of our officers serve two years. 
Probably not five in every hundred fail of their re-election. The 
result then is in effect that every other year we have the expense of 
a general election to ehange five per cent. of our officers. The dif- 
ference in value between the services of the five per cent. who are 
not re-elected and of those who take their places is very poor return 
for this expense. 

But the pecuniary cost of our elections is by far the least of its 
expense. Our elections, accompanied as they are by local contests, 
the intrigues of cliques, and the struggle of hungry aspirants, have 
in them much that is demoralizing. Not to mention the corrupt ap- 
pliances which unscrupulous men bring to bear more or less in every 
close contest, there are influences which cannot be stigmatized as im- 
moral which have yet an unhealthy tendency. Our frequent elec- 
tions bring about an eagerness for place and a consequent courting of 
popularity that works evil in our society. Our leading men in such 
conditions, instead of being manly and outspoken in their convictions, 
become timid in rebuking evil and cautious in sustaining the right. 
Instead of being public teachers, advocating wise counsels and com- 
bating prejudices and striving to turn public thought into higher and 
better courses, our public leaders flatter the vanity and stimulate the 
prejudices of the multitude, and follow wherever the passions or in- 
terests of the many may lead them. Instead of big statesmen they 
become demagogues. 


28 COUNCIL OF CENSORS. 





So too this eagerness for place brings about an unhealthy ambition. 
Men forsake stations of greater credit and usefulness for the glitter- 
ing allurements of office. It is a very poor bargain for the State to 
change a useful private citizen into a hungry office-seeker. 

These, to be sure, are necessary evils, the legitimate results of our 
form of government, but in the judgment of your committee are ag- 
gravated by the frequency of our elections. While they are not suf- 
ficient reasons for doing away with elections entirely, they are reasons 
for having them as unfrequently as is consistent with the public good 
in other respects. 

Your committee might refer to the practice in other States as 
showing that the judgment of our best men, those who have sat as 
reviewers of their own State constitutions, or who having lived under 
the constitutions of older States, have assisted in establishing new 
States, is tending to a concurrence with the views here expressed, but 
they have preferred to discuss the matter upon principle and our 
ownexperience. From all the considerations they have been able to 
give the subject your committee are of opinion that while they would 
not recommend such lengthy terms of office as are found in other 
countries, and some States in our own country, they are satisfied 
that annual elections are unnecessary, and regard the term of two 
years as the judicious mean which both reasoning founded on prin- 
ciple and the experience of other States concur in recommending. 


JASPER RAND, 
J. W. COLBURN, Committee. 
WiLLIAM HARMON. 


On motion of Mr. Ross, 
Ordered that the report lie, and that the Seeretary pro- 


cure the printing of five hundred copies for the use of the 
Council. 


Mr. Powers introduced the following resolution, which 
was read, and on motion of Mr. Ross, ordered to lie: 


Resolved, Two-thirds of this Council concurring herein, that it is 
expedient to call a Convention of delegates of the freemen of this 
State, to meet at the State House in Montpelier, on the 2d Wednesday 
of June, A. D. 1870, for the purpose of taking into consideration 
such amendments to the Constitution as have been or may be pro- 
posed by this Council. 


On motion of Mr. Ross, the report of the Special Com- 


COUNCIL OF CENSORS. 29 





mittee on Corporations was taken up, and made the special 
order for 24 o’clock this afternoon. 


On motion of Mr. Ross, the report of the Special Com- 
mittee on Woman Suffrage was taken up, and made the 
special order for Friday afternoon next at 23 o'clock. 


Mr. REED from the Executive Committee submitted the 


following report, which was read : 


To the Honorable Council of Censors : 

The Executive Committee respectfully report : 

That it has been brought to the notice of your committee that the 
pardoning power of the Governor has in some cases been exercised 
without notice to the prosecuting officer by whom a sentence had 
been obtained, and that, if such notice had been given, such repre- 
sentations would have been made that the Governor would doubtless 
have withheld his action. 

And while your committee would not restrict the pardoning pow- 
er of the Governor, we are compelled to suggest that it is hardly 
fair to a State’s Attorney, after having used his best efforts to convict 
some scamp deserving punishment, that the execution of the sentence 
- should be prevented by a pardon from the Governor, obtained by an 
ex parte, and perhaps false representation. 

We believe it would be a salutary rule if the Governor would al- 
ways notify the prosecuting officer of an application for pardon. 

It has also been brought to our notice that justices of the peace, 
who have collected fines and costs under the provisions of Chap. 94, 
Sec. 9, of the General Statutes, do not always account for them. 
The law now provides that these fines shall be paid in to the several 
eounty clerks, thence to the State treasury : General Statatues, Chap. 
12, Sec. 51, page 92. 

County clerks have only the power to receive these fines and costs 
from the justices. They have no power to inquire into the correct- 
ness of the amount paid them by the justices, and to ascertain whether 
the sum paid is the full amount collected. There is no officer whose 
duty it is by law to do this. And when a justice of the peace is au- 
thorized to collect and receipt for a fine, he is so far an executive 
officer, and should be treated as such. And there ought to be some 
person whose duty it shall be to examine into and ascertain the cor- 
rectness and sufficiency of the payment made by the justice. 


30 COUNCIL OF CENSORS. 





On the part of the justice, there is in this matter, a neglect of 
his executive duty in not paying in all fines collected, and a defect in 
the law in not providing for a yearly or semi-annual settlement with 
the justice. 

From the information laid before us, we are satisfied that a consid- 
erable amount of money is each year lost to the State from this fail- 
ure of the justices to account, and that thereby the execution of the 
provisions of Chap. 94, is made unduly expensive to the State. 

Your committee, in the discharge of their duties, have not heard 
of any complaint from any source, that during the last septenary, 
‘the Executive branches of the Government have assumed to them- 
selves, or exercised other or greater powers than they are entitled to 
by the Constitution,” nor that any State officers have not ‘ performed 
their duty as guardians of the people,” except as above specified. 

All which is respectfully submitted, 


CHARLES REED, 
J. W. COLBURN, > Executive Committee. 
H. H. POWERS, 


Monrerier, July 28, 1869. 


On motion of Mr. Lane, the report was recommitted, 
with instructions to amend. 

Mr. REED moved to reconsider the vote whereby the re- 
port was recommitted. 

The question being, Shall the vote be re-considered? the 
yeas and nays were demanded by Mr. Powers. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBURN, Harmon, Powers, 
CLEAVELAND, Ho.uistEr, RErEep—7 
F rep, 


Those members who vated in the negative are Messrs. 


Dewey, Lanp, Ross—5 
FRENCH, Rang, 


So the motion prevailed. 

The question recurring, Shall the report be re-committed 
with instructions to amend? the yeas and nays were de- 
manded by Mr. Reep. 


COUNCIL OF CENSORS. 31 


The vote being taken, those members who voted in the 
affirmative are Messrs. 
LANE, Ross—2. 


Those members who voted in the negative are Messrs. 


CoLBuRN, FRENCH, Powers, 
CLEAVELAND, Harmon, Ranp, 
Dewey, Hot ister, Rezep—10. 
HIE, 


So the motion to recommit was lost, and the report was 
thereupon accepted. 


On motion of Mr. DEwEy, 
Ordered that the report lie, and that the Secretary procure 
the printing of five hundred copies for the use of the Council. 


Mr. Powers introduced the following resolution, which 
was read and adopted : 


Resolved, That a committee of three members of this Council be 
appointed, to be denominated the Committee on Revision and En- 
grossment, whose duty it shall be to revise and re-draft any article 
or articles of amendment to the Constitution, which may be recom- 
mended by this Council previous to the final adoption and publication 
of such article or articles. 

The President announced as the Committee on Revision 


and Engrossment : 


Mr. Powers, 
Mr. Ross, 
Mr. Ruep. 


On motion of Mr. Ross, adjourned. 


AFTERNOON. 


The report of the Special Committee on Corporations was 
taken up, being the special order, and on motion of Mr. Ross 
was amended by striking out the clause “all such laws may 
be altered or repealed,” in the first section of the proposed 
article of amendment. 


Mr. Powers moved to strike out all after the first clause 
in said article, and pending this motion, Mr. Dewey moved 


32 COUNCIL OF CENSORS. 








to amend the proposed amendment so as to strike out all 
after the second clause in said article. 

The question being, Shall the motion of Mr. Powmrs 
be so amended? the yeas and nays were demanded by Mr. 
DEWEY. 


The vote being taken, those members who voted in the 
affirmative are Messrs. 


CLEAVELAND, FRENCH, Rann, 
DrEwey, Harmon, ReEeEp, 
FIED, Hou.istEr, Ross—9. 


Those members who voted in the negative are Messrs: 
LANE, Powrrs—2. 


So the amendment to the proposed amendment of Mr. 
POWERS was adopted. 


The question recurring, Shall the amendment as amended 
be adopted? the yeas and nays were demanded by Mr. 


DEWEY. 
The vote being taken, those members who voted in the 


affirmative are Messrs. 


CLEAVELAED, Harmon, Ranp, 
Dewey, Ho tister, Reep, 
FIELD, Powers, Ross—9. 


Those members who voted in the negative are Messrs. 
FRENCH, LAanr—2, 
So the amendment as amended was adopted. 


The question then being shall the report as amended be 
adopted? Mr. Reep proposed to amend by substituting in 
lieu of all of said articles the following : 


“ No corporations shall be created by the Legislature 
except for railroad and municipal purposes; but they 
shall be formed under general laws passed by the Legis- 


lature.” 


Mr. Powers moved to amend the amendment after the 
word “ railroad,” by inserting the words religious and mu- 
sical. 


COUNCIL OF CENSORS. 33 








On motion of Mr. Davey, the report and proposed 
amendments were 

Ordered io lie and made the special order for Friday at 
ten and one-half o’clock in the forenoon. 

On motion of Mr. Dewey, the report of the Special Com- 
mittee to inquire into the expediency of abolishing the Coun- 
cil of Censors was called up and recommitted. 


On motion of Mr. Rann, adjourned. 





FRIDAY, JULY 30, 1869. 


Prayer by Rev. Cuartes A. ALLEN. 

Journal of Thursday read and approved. 

Mr. Ranp from the Committee on the Powers of the 
Constitution submitted the following report, which was 
read, accepted, and ordered to lie: 

To the Council of Censors now in session . 

‘The Committee on the Powers of the Constitution, to whom was 
referred the resolution of Mr. Honrisrer “ in relation to so amending 
the Constitution as to authorize the courts to refer suits at their dis- 
cretion,” 

Report, that they have have had the same under consideration, 
and are of the opinion that it is inexpedient to make the amendment 
proposed. 


All of which is respectfully submitted. 
J. RAND, for Committee. 


The report of the Special Committee on Corporations, be- 


ing the special order, was taken up, and the question being 
on the adoption of the amendment of Mr. Powgrs to the 
9 


Vv 


34 COUNCIL OF CENSORS. 





proposed amendment of Mr. REEp, it was decided in the 
negative. 

Pending the question, Shall the amendment of Mr. REEp 
be adopted? Mr. Dewey moved to amend this amendment 
so as to insert the following words after the first clause in 
said article: Subject to such restrictions and regulations 
applicable to corporations in general, or to any particular 
class of corporations, as the Legislature may deem expe- 
dient. 

And the question being Shall this amendment be adopted ? 
the yeas and nays were demanded by Mr. Rann. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLsurn, HARMON, Rayp, 
Dewey, HOoLtiistER REDFIELD, 
Frevop, LANE, REED, 
FRENCH, Powers, Ross—12 


And no ‘member voting in the negative, the amendment 
prevailed. 

The question then being Shall the amendment as amended 
be adopted ? it was decided in the affirmative. 

The question recurring, Shall the report as amended be 
adopted? on motion of Mr. Ranp, 

Ordered that the report lie, and be made the special or- 
der for two o’clock this afternoon. 


Mr. Dewey introduced the following resolution, which 
was read, and on motion of Mr. Ross, ordered to lie: 


Resolved, That the President be directed to employ a reporter of 
the proceedings of this Council, during the remainder of this session. 


Mr. Ross from the Committee on Taxes and Expenditures 
submitted the following report, which was read and accepted : 
To the Honorable Council of Censors : 

The committee “ to inquire whether the public taxes have been 
justly laid and collected, and in what manner the public money has 
b een expended,” respectfully report, that in prosecuting the inquiry 
‘ whether the public taxes have been justly laid,” they have endeay- 


erel to be guided by that provision of the Constitution which de- 


COUNCIL OF CENSORS. 3D 


elares “that every mem)er of society hath a right to be protected in 
the enjoyment of life, liberty and property, and therefore is bound 
to contribute his proportion towards the expense of that protection.” 
When the public taxes are laid in accordance with the spirit of this 
provision of the Constitution, the committee judge they are “justly 
laid.” From the information which has come to the committee, as 
well as from their own observation, they are forced to the conclusion 
that the public taxes have not been, and are not, justly laid. In 
different parts of the State the same class of property is assessed at 
different valuations, and rarely if ever at its true value in money, as 
required to be assessed by the statute. Real estate is assessed usu- 
ally at from one-half to two-thirds of its true value in money, un- 
less it happens to consist of wild lands owned by non-residents, which 
are frequently assessed for more than they will bring in market. 
Personal property is usually assessed at nearer its value in money, 
but rarely above two-thirds that value, unless it consists of stocks 
returned to the town clerk, which generally are assessed at their full 
par value. This inequality in valuation has arisen not so much 
from an honest difference of judgment as to the value of property 
entertained by different listers, as from their establishing a rule for 
valuing property different from that required by statute law. Pub- 
lic opinion seems to be morally depraved in regard to this matter. 
It is hardly cousidered a stain upon one’s character to make any 
statement, however false, in regard to the amount of his property. 
Citizens who would revolt at the thought of withholding aught from 
a fellow citizen, deem it no dishonor to secrete and by every means 
withhold their property from taxation. Listers, though sworn to set 
in the list real and personal property at oae per cent. of its true 
value in money, knowing that they will be sustained by those from 
whom they receive their election only so long as they keep the valua- 
tion of the property of their respective towns as low or lower than 
the valuation of the same property in other towns, constantly and 
designedly assess the property in their towns at less than its full 
value in money, and have continued this practise to such extent that 
the assessed value of the property in the State is but little if any 
above half its true value in money. 


This under-valuation if uniform renders the apparent taxation in 
the State higher than the real, and thus tends to keep capital out of 
the State. But it is not uniform. Rather, the under-valuation 


36 | COUNCIL OF CENSORS. 





grows out of the attempt of some, and we might say every, portion 
of the State to shirk its full proportion of the expense of protecting 
life, liberty and property. Whether this evil can be better corrected 
by penalties imposed upon listers, or by adopting some other method 
for ascertaining the valuation of property, we leave for the Legisla- 
ture to decide. 


That provision of the statute which allows the owner of personal 
property to deduct from its valuation the amount of his debts, but 
does not allow the owner of real estate the like privilege, appears to 
the committee to impose an undue proportion of the expense of pro- 
tecting property upon the owners of the latter class of property. 
While the personal property is assessed at from half to two-thirds 
its true value in money, the deductions for debts are for the full 
amount, and sometimes double the amount; in fact, it is believed 
that fictitious debts are frequently contracted for the express purpose 
of obtaining these deductions. 


It is claimed that real estate forms the great bulk of the property of 
the State, is stable and imperishable, and furnishes the only sure basis 
for taxation, and therefore no deductions should be allowed to the 
owners of this class of property for their indebtedness. The stabil- 
ity and imperishable character of real property make the expense of 
its protection less than that of movable, perishable, personal prop- 
erty. If the Constitution requires every class of property to be 
taxed to pay its proportion of the expense of protection, it would 
seem that equal if not, weightier reasons exist for allowing deductions 
for debts to the owners of real, than for such allowance to the own- 
ers of personal property. 

The Constitution seems to contemplate a tax upon the person to- 
gether with the obligation of personal service in the time of war, to 
defray the expense of protecting life and liberty, and a tax upon 
property to defray the expense of protecting property. If this be 
so, why should not all property, without deductions for debt, be taxed 
upon the basis of its “true value in money”? But if deductions for 
debts are to be allowed, are there any good reasons why this allow- 
ance should be conceded to the owners of one class of property and 
denied to the owners of another class of property? and can it be 
said that taxes levied upon this basis are “justly laid”? 

Within the last twenty-five years there have been created within 
the State various railroad, telegraph and express companies, corpo- 


COUNCIL OF CENSORS. 


rate bodies extending their franchises and property through several 
towns, which have received their existence, their rights and privileges 
from the hand of the State; the granting of whose charters, the set- 
tling of whose rights and privileges, and the protection of whose 
property, have occupied no inconsiderable portion of the time and 
attention of the Legislature and of the courts, and largely increased 
the expenses and taxes of the State. These, it would scem, under 
the provision of the Constitution, should contribute their proportion 
toward the expenses and taxes of the State. Such has not been the 
case except to a very limited extent. This result has been due to 
various causes. In their inception the moneyed value of the fran- 
chises and property of these corporations was supposed to be repre- 
sented by their capital stock. The Legislature seems to have pro- 
ceeded upon the theory that it is preferable to tax the stock of these 
corporations to the owners thereof, rather than to tax the corporations 
directly. Soon, however, the franchise and property of these cor- 
porations, in many cases, passed from the hands of the stockholders 
into the hands of the bondholders, and the stocks of such corpora- 
tions became worthless. Noattempt was made to tax that propor- 
tion of these stocks owned by non-residents till 1854. During that 
year the Legislature provided that stock owned by non-residents, 
yielding to such owner a profit or dividend of six per cent. onits par 
value, should pay a specific tax of one per cent. of that value to the 
State Treasurer. 


It is difficult to see why property of this class, having a moneyed 
value, yielding a less profit or dividend than six per cent. on its par 
value, should go untaxed, while all other classes of property are 
taxed on their value in money regardless of whether they yielded 
a profit or dividend to the owner; or how taxes imposed. upon this 
basis are justly laid. 


It was claimed that this law imposing this specific tax upon this 
class of property—thus taxing it in a manner different from what 
the other property of the State was taxed—was unconstitutional, 
and the payment of the tax resisted. The recent decision of the 
Supreme Court of the United States has substantiated this claim. 
Hence, up to the present time only resident owners of this class of 
property have been taxed. Probably not over one-hundredth part 
of the cash value of the property and franchises of these corporations 
has thus far contributed to the expenses of the State. 


38 COUNCIL OF CENSORS. 





The estimated value of this class of property in the State is from 
fifteen to twenty millions of dollars. Receiving their existence, 
rights and privileges, their own protection, and that of their property 
from the State, the Constitution requires these corporations to contrib 
ute their proportion of the expense of that protection. The prop- 
erty and franchises of these corporations, valued on the same basis 
on which the real property of the State is now valued, would amount 
to not less than five millions of dollars, and taxed as other property 
is taxed, would pay in taxes an annuai sum of not far from one hun- 
dred thousand dollars. Nearly this sum has been, thus far, annually 
lost to the State, and consequently a heavier burden of taxation im- 
posed upon other classes of property, and that, too, while, under the 
fostering care of the State, the earnings of these corporations have 
been steadily and yearly increasing. 


In tue opinion of the committee the system of taxing the stocks 
representing this class of property is unequal and unjust. If the 
resident owners of stock alone are taxed, the non-resident, stockhold- 
er not only has his property protected at the expense of the State, 
and contributes nothing towards that expense, but has an undue ad- 
vantage over the resident stockholder. If both resident and non- 
resident stock should be taxed alike, not only innumerable difficulties 
and complications will arise in the collection of the taxes against 
non-resident stockholders, but all those corporations whose franchises 
and property have fallen into the hands of bondholders will escape, 
rendering the latter class of corporations more inviting to capitalists 
than the former. In the opinion of the committee the best way of 
effecting a just contribution from these corporations, towards the ex- 
pense of their protection, is for the State to treat them in this re- 
spect as it treats individuals; tax them directly and not through 
their stockholders ; constitute the first lister of each town through 
which the franchise and property of the corporation extends, or a 
select number of men, a board of assessors to appraise the franchise 
and property of such corporation at its value in money, and to dis- 
tribute the same between such towns in proportion to the comparative 
value of the same in each town. Jet the sum thus distributed to 
each town be re-distributed by the listers of that town for school 
district and highway purposes. 


The committee are aware that it is urged that the Legislature in 
chartering the Vermont Central Railroad Company, exempted the — 


COUNCIL OF CENSORS. 39 








stock, franchise and property of that company perpetually from tax- 
ation. If that exemption is constitutional and valid, it furnishes an 
objeetion as forcible against the taxation of the stock of other sim- 
ilar corporations as against the taxation of the corporations as such. 


The committee would respectfully raise the question whether the 
Legislature in granting that exemption did not step beyond its con- 
stitutional power? Whether so long as the Constitution provides 
that protection furnished by the State, imposes the duty of contrib- 
uting to the expense of that protection the Legislature has the power 
to breathe into life a corporation, endow it with rights and privileges, 
clothe it with the power of holding and acquiring property protect 
it inits life, rights, privileges, and property, and relieve it of the 
duty and burden of contributing its proportion to the expense of that 
protection ? 

The committee find no occasion for a change in the Constitution to 
effect the just assessment of taxes, but a more thorough and rigid 
application of the principles of the Constitution by proper legislative 
enactments for that purpose. J'rom the report of the State Treas- 
urer, the taxes constitutionally laid, appear to have been justly col- 
lected. The committee have received no information, tending to 
show that the public money has not been properly and lawfully ex- 
pended. 

All which is respectfully submitted. 

JONATHAN ROSS, for Committee. 


On motion of Mr. Dewey, 

Ordered that the report lic, and that the Secretary pro- 
cure the printing of five hundred copies for the use of the 
Council. 

On motion of Mr. Ranp, adjourned. 


AFTERNOON. 


The report of the Special Committee on Corporations was 
taken up, being the special order, and the question being, 
Shall the report as amended be adopted? the yeas and nays 
were demanded by Mr. Ranp. 


40 COUNCIL OF CENSORS. 





The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBuRN, FRENCH, LANE, 
CLEAVELAND, |. Harmon, ' REED, 
Dewey, Ho.tuisi£R, Ross—10. 
FYEtp, 


Those members who voted in the negative are Messrs. 
Powers, Ranp—2 
So the report as amended was adopted. 


Mr. Dewey called up the resolution relating to the em- 
ployment of a reporter, and the question being, Shall the 
resolution be adopted? it was decided in the affirmative. 


Mr. Ranp submitted the report of the Special Committee 
on Biennial Sessions and Elections which had been recom- 

mitted for the purpose of filling the blank in said report, 
_ said blank being filled with the following words : 


ArticLeE 1, The General Assembly shall meet on the second Thura- 
day of October biennially, 

Articug 2, The Governor, Lieutenant Governor, State Treas- 
urer, Senators, and Town Representatives shall be chosen on the first 
Tuesday in September biennially. 

Articite 3. The term of office of the Governor, Lientenant Gov- 
ernor and T'reasurer shall continue two years, or until their successors 
are chosen and qualified, from the time when they shall be chosen 
and qualified. 

Artictr 4. All officers required by law to be appointed by the 
Governor or elected by the Legislature, shall hold their offices for 
the term of two years. 

Articie 5. County and probate officers and justices of tho 
peace shall hold their offices for the term of two years. 


On motion of Mr. Ranp, this report was 
Ordered to lie, and made the special order for Saturday 
forenoon next at ten and one-half o’clock. 


The report of the Special Committee on Woman Suffrage 
was taken up, being the special order, and after consideration, 


COUNCIL OF CENSORS. 41 


Mr. Reep moved that the report lie and be made the 
special order for Wednesday next at two and one-half o’clock. 

And the question being, Will the Council so crder? the 
yeas and nays were demanded by Mr. Cotburn. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 


CLEAVELAND, FRENCH, Rann, 
Dewey, LANE, ReEep, 
FIirxp, Powers, Ross—9, 


Those members who voted in the negative are Messrs. 


CoLBuRN, Ho .utster, ReEpFiELD—4, 
Harmon, 


So the motion of Mr. Reep prevailed. 


By unanimous consent the report of the Special Commit- 
tee on Biennial Sessions and Elections was taken up. 

Mr. CoLBurRN moved to amend by strixing out the words, 
“second Thursday,” in the first article therein proposed, and 
inserting in lieu thereof the words, first Wednesday. 

And the question being, Shall this amendment be adopted ? 
the yeas and nays were demanded by Mr. Ranp. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBURN, Ho.uistTEr, REDFIELD, 
CLEAVELAND, Powers, Ross—7. 
FIExD, 


Those members who voted in the negative are Messrs. 


Dewey, Harmon, JVAND, 
FRENCH, LANE, ReEp—6. 


So the amendment was adopted. 

On motion of Mr. Ross, 

Ordered that the report lie, and be made the special order 
for to-morrow morning at ten and one-half o’clock, and that 
the Secretary procure the printing of one hundred copies of 
the articles of amendment proposed in said report for the use 
of the Council. 


On motion of Mr. Frenon, adjourned. 


42 COUNCIL OF CENSORS, 


SATURDAY, JULY 31, 1869. 


Prayer by Rev. C. A. ALLEN. 
Jeurnal of Friday read and approved. 


Mr. CoLzBurn submitted the following report which was 
read and accepted : 

The minority of the committee on changing the mode of proposing 
amendments to the Constitution, beg leave to report : 

In the opinion of the minority of this committee, there were good 
reasons for adopting the present system of amending the Constitu- 
tion in 1798, seventy-six years ago, that do not now exist. Then 
but very few newspapers, if any, existed in the State; but few 
books; our free schools were extremely limited in their means to 
impart education to the rising generation, and it is not to become a 
wonder that the leaders of that day considered it unsafe, or at least 
not best, to trust the amending of the Constitution in the hands of 
the people directiy. 

They looked about them, and at last borrowed and adopted a sys- 
tem from Pennsylvania, never adopted by another State except Ver- 
mont, and long ago discarded in the former State and a better mode 
substituted therefor. It is evident that the people at the present 
time take but little interest in amending their Constitution, nor 
have they since 1850. They have become so indifferent that it is 
a matter of doubt whether one in ten really knows and understands 
what our Constitution is, or how it is amended; and the question 
arises, is it best or expedient to perpetuate and continue a system so 
little understood, and in which so little interest is manifested? It 
should be brought home nearer to the people; they should have a 
direct influence, instead of an indirect and remote one. ‘This is an 
age of improvement, and a republican government is never wiser nor 
better, in our State, at least, and at the present time, than the people 
who elect it; and such a government fails to answer its design when 
the people become indifferent to its workings. 

The people of Vermont are at the present time vastly more intel- 
ligent, better informed, better educated than formerly, and no good 
reason exists in the opinion of the minority for not trusting them di- 
rectly in the final amendments to their Constitution. They are capa- 


COUNCIL OF CENSORS. 43 


ble of self-government, and it is eminently proper and in accordance 
with republican principles and democratic ideas to suffer the people 
‘to manage and contro] their own political affairs in their own way. 
They need no Council of thirteen, nor any Convention of two hundred 
and forty in number, the smaller number to pressribe to them what 
is for their interest, and the larger to say to them whether they 
shall have it or not. We propose to let them judge for themselves 
once in ten years, whether their fundamental law needs revising. and 
the privilege to do it by their own Legislature, and by their own 
votes at the ballot-box. 


At the formation of our governments, both state and national, we 
were divided into two political parties—Federal and Republican. 
The former took the ground that the people were not to be trusted 
with the powers of self-government ; the latter contended that they 
were safe depositaries of this power, In the first twelve years of our 
national government, the former, the old Federal party, ran its race, 
and was superseded by the latter, the Republican party, which has 
ever since retained its ascendency, though some more radical ideas 
under the name of Democracy have from time to time been ingrafted 
on to the old Republican stock of principles. The Federal party in 
Vermont soon shared the fate of the National party, to be, however, 
temporarily revived for two or three years in the last war with Great 
Britain, when it sank out of existence and became among the things 
that were, but not again to be. And how it has happened that one 
of the old relics of the old Federal times has been retained until this 
day, so anti-republican in its provisions, can be accounted for only 
by the indifference and apathy of the people, and by suffering it, as 
it were, to pass out of memory;; for it is self-evident, by the meagre 
vote given for this Council, and by other incidents that might be 
mentioned, that the people know and care but little about the changes 
of their Constitution. 


It may be said that the Council has other duties besides amend- 
ing the Constitution: they are to review the legislation of the last 
septennial period. But is this a sufficient reason for retainieg the 
present system ? How much has this amounted to? ‘True, in the 
war of 1812, when party spirit ran to a fever heat, the Council cen- 
sured some acts of our Legislature; but the acts had been passed and 
the effects gone by. It undid nothing, it righted nothing, so far as the 
action of the Council went, but the obnoxious acts themselves helped 


44 COUNCIL OF CENSORS. 


the party making them out of power, as always will be the case ; and 
this is a sufficient remedy against wrong legislation. The people 
will change their rulers if they are found unfaithful, and the ballot- 
box is considered a sufficient remedy in other States, together with the. 
powers of the Supreme Court, to right any unconstitutional legisla - 
tion. The question again recurs, is it necessary, is it expedient, to 
keep up this cumbersome system for the purpose of reviewing past 
legislation? Past experience proves that this has not been of much 
value throughout more than three-fourths of a century that we have 
practiced it. 


Fourteen years ago the Council had several sessions, and proposed 
some important amendments, which were voted down by the Conven- 
tion and all went for naught, though not so to the tax-payers. They 
had to foot the bills, including the building of a new State House, a 
serious matter to the people for which they received no benefit, ex- 
cept settling the question of territory instead of population, as a 
basis for representation in the lower House. This cannot now be 
altered ; the small towns will not give up this, nor does the change 
here proposed contemplate meddling with it. The small towns are 
guarded and protected in their rights by the first and second votes 
of the Legislature, and by a two-thirds vote at each time, and this to 
take place only once in ten years, 


Seven years ago the Council, having the fate of the measures pro- 
posed by their predecessors, acted wiser aud called no Convention. 
There were, however, calls from some parts of the State to abolish 
the Council, and to prevent commiting suicide, as it is termed by 
some, this may have been a reason for not calling a Convention ;. 
but is there not danger that the Legislature will some day turn upon 
the Council with an act of homicide, as they did in Pennsylvania, 
when it shall appear that this is the only remedy to rid themselves 
of what may be deemed a useless body? There was a strong squint- 
ing that way fourteen years ago, by the Legislature passing a vote of 
censure upon the Council for exceeding, as they calied it, their 
powers, thus assuming to review the acts of the Council, reversing 
the order of things, and forestalling the coming Convention, which 
took the instruction and voted all acts of the Council down forth- 
with and with very little ceremony. Thus all ended in a farce, and 
to the disgust of that portion of the people who understood and 
thought much upon the subject. Shall it be said at this day, in this - 


COUNCIL OF CENSORS. 45 


enlightened age, that we distrust the people, and. dare not trust them 
with the final vote of approval or disapproval in changing their fun- 
damental law? Shall we assume to know what is for their best in- 
terests better than they know themselves? I know it is said that it 
is well enough now, and let well enough alone. The same argument 
would have applied with equal force to our old turnpike wagon-roads, 
to the old farm machinery, against sewing-machines, in favor of spin- 
ning-wheels and hand-looms. We lived comfortably with the use of 
all these things, and, had we felt no desire for change and improve- 
ment, railroads, factories, the horse-mowers, rakes, tedders, and 
ladies’ sewing-machines, would have been unknown to us, and we 
should have been plodding on under the old primitive system that 
existed at the time of the formation of this provision of our Consti- 
tution. Other Councils have sought and effected improvements. In 
' 18385 the old State Council was abolished, and the Senate substi- 
tuted. Fourteen years later our county officers were ordered to be 
elected by the people, instead of by the Legislature. These were 
recognitions of the improved intelligence of the people; and can we 
say there has been no improvement since those periods, and that the 
people are not now fit to be trusted with this proposed change? 
But, says one, they do not desire it ; they are satisfied at it is. And 
why is itso? The reason is obvious. I{t has thus far been go re- 
mote from them, having no direct action in the matter, they have 
concerned themselves but little about it, and, so far as they are con- 
cerned, have let it go by default. And now [ repeat, is it not desir- 
able to educate the people to know their Constitution, to take an 
interest in its revision, and have a final action in this revision? 
Other States do it. Hven in the South, where there is not supposed 
to be a moiety of the intelligence and education there is in Vermont, 
the governments require a submission of their constitutions to a vote 
of the people. And shall it be said that here in enlightened Vermont, 
a Council of Censors of thirteen men refused to submit amendments 
to the State Constitution to a final vote of the people? Such action 
‘ seems to the minority of your committee to be preposterous and un- 
just. The greatest objection to the proposed change that has come 
to the knowledge of the minority of your committee, is enhanced 
cost, by leaving it with the Legislature to be continually tampering 
with constitutional questions, prolonging the sessions at great ex- 
pense to the State, &c. Now we do not propose that the Legislature 


46 COUNCIL OF CENSORS. 


shall have any power over the question oftener than once in ten years, 
which may lengthen that session one week, and the reference to the 
next Legislature may consume one-half week, as the second vote is 
merely to approve or reject by articles or sections. This is just 
about the same length of time that the conventions have been in ses- 
sion, and at about the same expense; costing in each fen years what 
is now expended in eash seven years. Then there is the additional 
cost in each seven years of the several sessions of the,Council, and 
the two primary meetings of the people to choose the Council and 
the members of the Convention, which by the estimate of the Com- 
mittee on Biennial Sessions would be a large item, two days’ work to 
each voter. 

But no time is lost in the proposed change by voting at home, for 
it is done at the time and place of voting for State and county off- 
cers. And the expense of the proposed change must be considera- 
bly less than the present system. Of this fact the minority of your 
committee have not the least particle of doubt. The object of re- 
ferring amendments to a second Legislature, is to give the news- 
papers a full year to discuss the subject proposed, and the people 
time to know and understand the whole matter, and they can then 
elect members in reference to their vote on the amendments, instruct 
them if they please, and afford every facility to the people to know 
and understand what their fundamental! law is, and whether or not 
they desire any change. 

In conclusion, the minority of your committee would appeal to the 
honor and sense of justice of those of the Council who do not like the 
change personally, to suffer it to go to the people through their Con- 
vention, if one is to be called. Let the people say by their Conven- 
tion whether they want the change or not. If they vote it down 
there will be the end of it, and it will become a settled question. 
Otherwise it will be agitated again at the next septennial Council. 
The people will not be satisfied without an opportunity to express an 
opinion through a Convention, and it seems to a minority of your 
committee, that it is their right to have it so referred. To deny it 
to them, when perhaps other questions may be referred that no part 
of the people have asked for, wou.d appear so manifestly improper 
and unjust that the minority of this committee feel bound respect- 
fully to protest against such action. 


All of which is respectfully submitted to your consideration. 
J. W. COLBURN, for minority of Committee. 


COUNCIL OF CENSORS. 47 








PROPOSED ARTICLE OF AMENDMENT SUBMITTED WITIL THE FOREGOING 
REPORT. 


ARTICLE 24. 

Sec. 1. The 43d section of part 2d of the Constitution is hereby 
abrogated, and in lieu thereof, in order that the freedom of the peo- 
ple may be preserved inviolate, at the annual session of the Legis- 
Jature, at the beginning of each decade of years commencing A. D. 
1880, the Senate are hereby empowered by a two-thirds vote of all 
the members present to propose amendments to our State Constitu- 
tion, and send them to the House of Representatives, with a request 
of concurrence, which shall have power to concur or noa-concur, to 
amend, alter or reject, and return the same to the Senate ; this action 
t> be by a two-thirds vote of all the members present; and when- 
ever a concurrence of both Houses is effected by a like two-thirds 
vote, the proposed amendments shall be referred to the next annual 
Legislature, with no power to alter or amend, to add to or to take 
from, but shall within the first twenty days after its organization, 
vote to sanction or reject any or all the proposed amendments. This 
yote in each House to be a two-thirds vote of ald the members elected 
to each House respectively. 


Sec. 2. Whenever proposed amendments are thus perfected, it 
shall be the duty of the Secretary of State to send printed copies 
thereof to the clerk of each town and city in the State, whose duty 
_ it shal] be to procure printed slips numbered to correspond with the 
articles of amendments and at the next freemen’s meeting to make 
known to the legal voters thereof by reading these proposed amend- 
ments publicly in said meeting, and notify the electors of their priv- 
ilege to write each his name on the back ofa slip and against each 
article, the word yea or nay, as he may elect, and when voting for 
State and county officers, deposit each his slip thus written on, in a 
box prepared by the clerk purposely to receive them. 


Sec. 3. The selectmen, town and city authorities shall count 
these yea and nay votes the day they are taken, the constable, clerk 
or one of the selectmen proclaiming the result; and the clerk shall 
certify by his oath that to his best knowledge and belief it is a true 
and correct statement, and forward the same by mail or otherwise to 
the Secretary of State within ten days after said meeting, whose 
luty it shall be to canvass these statements, and verify by his oath 


48 COUNCIL OF CENSORS. 





the true and correct result to the Governor of the State as soon as 
may be; and if it shall appear that a majority of the voters have 
said yea to the proposed amendments, or to any of them, this action 
shall be final, and the Governor shall forthwith issue his proclama- 
tion declaring the fact, and that the Constitution is thus amended. 


Sec. 4. The House of Representatives shall have all the power 
now possessed by the Council of Censors to order impeachments 
which shall in all cases be by a two-thirds vote. 


On motion of Mr. LANE, 

Ordered that the report lie, and that the Secretary procure 
the printing of five hundred copies for the use of the 
Council. 


Mr. Dewey, from the Special Committee on the Judiciary 
submitted the following report, which was read and accepted : 


To the Hon. Council of Censors : 

The committee appointed to inquire into the expediency of so 
amending the Constitution as to enlarge the term of office of judges 
of the Supreme Court, and to fix their salaries, and also to inquire 
into the expediency of changing the mode of their election, have had 
the subject under consideration, and ask leave to submit the following 
report : 

Under the admirable working of the government devised by our 
forefathers, experience has shown that its functions were wisely al- 
lotted to three departments; the Legislative, the Executive, and the 
Judiciary; each acting independently of the others in its particular 
sphere, except only as there exists an inter-dependence essential to 
the coherence and unity of the whole. 

Three important things are essential to the proper and efficient 
discharge of the duties distributed to the judiciary department. 
These are: 1st, Superior intellectual abilities, eminent learning, and 
moral purity in the judges; 2d, Their exaltation above the reach of 
the demoralizing influences which attend upon periods of partisan 
strife, and which are an inherent evil in all popular governments ; 
3d, Permanency of official tenure: or, as more tersely stated by Mr. 
Justice Story: the judiciary ‘must possess wisdom, learning, integ- 
rity, independence, firmness :” or, as stated in the forcible language 
of Mr. Burkes, in his Reflections on the French Revolution: 
«Whatever is supreme in astate ought to have, as much as possible 


COUNCIL OF CENSORS. 49 








its judicial authority so constituted as not only not to depend upon 
it, but in some sort to balance it. It ought to give security to its 
Justice against its power. Itought to make its judicature, as it were, 
something exterior to the State ;” a doctrine which Justice Srory 
remarks, “ Hvery republic should steadily sustain, and conscientiously 
inculcate.” 


By what means this is to be accomplished, is the question to be 
solved. It depends upon the mode of appointment, the tenure of 
office, the compensation of the judges, and the distribution of the 
jurisdiction confided to the department in its various branches, in 
properly constituted courts. 


1. As to the mode of appointment. 


The Constitution of the United States provides that the judges of 
the Federal Courts shall be appointed by the President, by and with 
the advice and consent of the Senate. This provision was adopted 
by the wise framers of that instrument upon very grave and thor- 
ough deliberation. And no proposal of amendment in that respect 
has ever been made, or even suggested, to the knowledge of your 
committee, since the foundation of the government. On the contrary, 
its wisdom has been universally recognized, And most of the States 
of the Union have, with more or less exactness, followed the example 
of the parent Constitution in this particular, 


The advantages of this mode of appointment, as being peculiarly 
fit and proper in respect to the judiciary department, are thus clearly 
stated by Chancellor Kunr: ‘“ The just and vigorous investigation 
and punishment of every species of fraud and violence, and the ex- 
ercise of the power of compelling every man to the punctual per- 
formance of his contracts, are grave duties ; not of the most popular 
character, though the faithful discharge of them will most certainly 
command the calm approbation of the judicious observer. The fittest 
men would probably have too much reservedness of manners, and 
severity of morals, to secure an election, resting on universal suf- 
frage. Nor can the mode of appointment by a large deliberative 
assembly be entitled to unqualified approbation. There are too many 
occasions and too much temptation for intrigue, party prejudice, and 
local interests, to permit such a body of men to act, in respect to 
such appointments, with a sufficiently single and steady regard for 
the general welfare.” And Chancellor Kenr, in his Commentaries, 


50 COUNCIL OF CENSORS. 





speaks of experiments previous to the time of his writing, in some 
of the States, of electing the judges by a popular assembly, as hav- 
ing been unsatisfactory in their results. And it is matter of general 
knowledge that the experiment of popular elections of these officers 
in some of the States at the present time, as in New Yerk and Penn- 
sylvania, has tended to the demoralization, in some striking instances, 
of the bench and the courts. And the recent convention of the State 
of New York has proposed an amendment to the constitution, pro- 
viding for the appointment of the judges by the Governor, by and 
with the advice and consent of the Senate, after having once aban- 
doned that mode for the elective system, and seen its failure con- 
spicuously illustrated. 

It is doubtless true that the jealousy, which has been manifest in 
some degree in a portion of the people of this country, of placing the 
power to appoint the judges in the Kxecutive, and a select advisory 
body of wise men, had its origin in the well-known fact of history 
that for centuries the English judges had been appointed by the 
Sovereign, and were in many instances the vilest and most abandon- 
ed creatures of his caprice and will,in upholding unconstitutional 
encroachments upon the rights of the subject people, as illustrated in 
the life of the notorious Jeffries. But our forefathers, in framing 
the Constitution under which we live, did not fail to perceive that 
the theory of our system of government is the very opposite of that 
of Great Britain. While they preserved in the frame of our gov- 
ernment some of the principles and even modes of the latter, they 
nevertheless knew that while under the British Constitution all sov- 
ereignty resides in the King, the very reverse is true as to the gov- 
ernment erected for America. The American idea being that the 
people are sovereign, and that while all supreme human power is 
lodged in the people, the ruler, for the time being, is nothing but 
their servant. Under a government, therefore, established upon 
such a theory, there could no longer exist any cause for apprehension 
that the judges, though appointed by the Executive, would be the 
creatures rather of his will and caprice, than the faithful servants of 
the people in whom all sovereignty reposes, and whose creature the 
Executive is, as fully as are the judges themselves. And this rea- 
soning brought them to the conclusion that while no evil results need 
be apprehended from reposing the appointing power of the judges in 
the Execntive and Senate, as there might be under the British sys- 
tem of government, the whole value of that manner of appointment 


COUNCIL OF CENSORS. 51 





in securing in the judges that cluster of shining qualifications enu- 
merated by Chancellor Kenr: wisdom, learning, integrity independ- 
ence and firmness, remained intact and unimpaired by any appre- 
hended encroachments of a sovereign ruler, 


It is doubtless true that the early settlers of Vermont, who framed 
the original Constitution of the State, owing to reasons peculiar to 
their situation and trials, encroached upon as they were, not only by 
the parent government across the sea, in common with all the other 
colonists, but also by a neighboring State, imbibed the democratic 
idea more fully, and carried it to a greater extent in all the details 
of governmental provision than the people of any other State; and 
this is doubtless the explanation of the adoption by them of the 
mode of electing judges as it now exists, instead of following the 
wiser method adopted by the great and patriotic men who framed the 
Federal Constitution, and who loved liberty no less than did the 
hardy pioneers of our State, and were no less jealous of all possible 
encroachments upon it. 


And it is obvious to remark that while the method of electing 
judges by popular assemblies and by universal suffrage has worked 
disastrously in other States that have tried those methods, the State 
of Vermont has hitherto in the main, though with some exceptions, 
been singularly exempt from the consequences which the experience 
of other States might have led us to apprehend. But this exemption 
is owiig not so much to the wisdom of the mode of election as a 
general rule, as to circumstances which have been strikingly pecu- 
liar to Vermont, and not found in any other State. Those peculiari- 
ties inhered in the steady good sense, the industry, frugality simplic- 
ity in all the appointments of domestic life, and the virtue and 
intelligence of the whole mass of the population, who were mainly 
emigrants from among the most enterprising citizens of the older 
New England States. But though these characteristics have contin- 
ued ina large measure to distinguish the inhabitants of the State, 
and though we may point with pride to the previous working of the 
present mode of electing the judges, and to many illustrious names 
of those who have adorned the bench, in the apprehension of your 
committee the time has arrived in the growth of the State in popula- 
tion and wealth, when we may not expect to be exempt from the evils 
which have usually resulted in other States from the popular election 
of the judges. Our population is not so homogeneous. ‘There is no 


52 COUNCIL OF CENSORS. 


reasonable prospect that we shall be so distinguished as we have been 
ia the past, with the exception of one or two memorable instances, 
for exemption from the bitterness which attends party strifes. And 
what is more, there has been a great change in the quiet simplicity 
of the pursuits of the people. While those pursuits are still mainly 
agricultural, vast corporations have traversed the State from border 
to border with railroads, and capital is armed with that power which 
comes from concentration, and which, when thus wielded, is all pow- 
erful in accomplishing the selfish purposes of its owners. 

It is too well known that none of our legislatures are now free as 
formerly from the powerfully corrupting influences which have thus 
grown up within the State. And these influences are becoming more 
and more powerful, and unless firmly resisted by the stalwart firm- 
ness of a virtuous people, will invade with their malign power— 
malign when thus perverted—every department of the government 
in whith their interests are involved, or areontrial. That these cor- 
porations could and would, on occasion arising, exercise a very con- 
trolling influence on the Legislature in making and unmaking our 
judges, and so indirectly on the judges themselves ; as the office may 
become, ere long, the foot ball to be kicked about in party conten- 
tions, and the judges thus become the victims of the infirmities of 
human nature that belong to even the best of men through exposure — 
to many temptations, it is the judgment of your committee that these 
apprehended evils should be avoided by an amendment of the Con- 
stitution which shall give their appointment to the Governor and 
Senate. 

Another obvious advantage of the proposed method of appointing 
the judges consists in the better opportunities which would be pos- 
sessed by the Governor to ascertain the fitness of individuals pro- 
posed for the office in respect to each and all the various rare 
qualifications, hereinbefore enumerated, that can be possessed by a 
body of men whose very election under which they will be called 
upon to discharge this duty, occurs only a few weeks before they are 
required to exercise it, very many of whom, though men of practical 
judgment, and good sense, and uprightness of intention, will be 
wholly unacquainted, it may be, with the candidates proposed for 
judges, or with their qualifications, simply from the want of oppor- 
tunity, their pursuits in life rarely bringing them in contact with the 
courts or its practitioners. And under the present system it may 
happen that some person, amiable in respect to all that constitutes 


COUNCIL OF CENSORS. 53 





the pleasing gentleman, but yet deplorably destitute of all, or of 
many of the essential qualifications of an excellent, or even mode- 
rately efficient judge, will become ambitious for the place, and pro- 
cure himself to be elected to the Legislature for the very purpose of | 
influencing its members to bestow, by the usual appliances and arts 
of pleasing address, and adroit supplication, the very mask of ap- 
parent indifference which it often wears, making it still more effect- 
ive in procuring the bestowment of the office upon himself. Or if 
not done through his own personal efforts, it may be done by an irre- 
sponsible friend, more anxious to do a good turn to his neighbor, than 
to secure a well qualified officer for the State. But in the case of the 
appointment by the Governor, the circumstances are bravely altered. 
He is to be responsibie to all his constituents for the faithful, honest 
and fearless discharge of this the most important of all his duties. 
He will know that if he makes a bad appointment, the curses will fall 
upon his head, rather than upon the appointee. Should he attempt to 
elect some favorite, destitute of the qualifications required of an effi- 
cient judge, he would know that he would have the indignant frowns 
of all the wisest and best men in the State to meet. This condition of 
things, therefore, would constitute an irresistible motive to a good 
man,—and we elect no others to our chief executive office in this State, 
and do not expect todo so,—to be over circumspect, if anything, in ma- 
king the most searching inquiry into all the things that should be re- 
quired to enable him to form a correct judgment,in respect to the fitness - 
of the candidate to be proposed by him for the office. And so of the Sen- 
ate. If an instance should possibly occur, of the nomination by the 
Governor of an unfit person, seduced so to do by the over importu- 
nity of interested parties with whom he is closely related by ties of 
kindred or of interest, the Senate would well know that if they con- 
firmed the appointment they must share the responsibility of it 
equally with the Executive’ And this consciousness would be a most 
powerful motive to restrain their action. Indeed, these advantages 
of the proposed method of appointment have been universally con- 
ceded and recognized by the wisest and best men in our country, 
from the organization of its government to the present time, and need- 
ed not to have been enforced at such length even, as we have attempted 
te do. 

On the other hand, the motive arising from this sense of respon- 
sibility is almost entirely lost under a system of annual elections in a 
popular assembly, and where the responsibility, instead of being cen- 





o4 COUNCIL OF CENSORS. 





centrated upon a few, is attenuated and dissipated, by distribution, 
to a body so large as the General Assembly of Vermont. 

The notion that by conferring the appointment of the judges upon 
the Governor and Senate, the people will surrender up, in any de- 
gree, the exercise of their essential sovereign power, is based upon 
no other foundation than the mere unsubstantial ereation of the im- 
agination. It is a function, conferred by the people for good rea- 
sons upon their own servants, the Governor and senators, servants 
who are required to be, by a provision of the Constitution, ‘“* men 
most noted for wisdom and virtue,” and to be discharged under a 
fearful responsbility, that of the abiding execration of the people 
while living, and of the historian, it may be, after their decease, if 
not most faithfully, ably, and honestly performed. 

The people are busily employed about their personal affairs, and 
accumulating a provision for old age. They say to their servant, the 
Governor, go and find us the best man in the State to discharge the 
duties of the office of judge, and be careful that you discharge this 
duty faithfully. And to the senators: we have employed you be- 
cause of your peculiar qualifications and opportunities to judge as 
to the fitness of persons to fill the office of judge, to act as an advi- 
sory body to the Governor, in their selection and appointment, and 
we direct you to make exhaustive inquiry into the fitness, in all par- 
ticulars, of such persons as the Governor may nominate, and we will 
hold you to a stern accountability likewise in the performance of this 
important trust. Is not this the attitude rather of sovereigns toward 
their subjects, than of menials toward their lords ? 

But there is still another aspect in which this objection may be 
viewed, and which will, if possible, still more strikingly illustrate its 
utter fallaciousness. Under the present mode of choosing judges, the 
people themselves do not exercise any direct voice. They are elected 
by a body of representatives constituting the two branches of one 
department only of the government. This is not, then, a question as 
to the surrender by the pecple of the privilege of electing the 
judges by their own ballots, but as to whether it is wise to transfer 
the appointing power from one class of the people's representatives, 
and from a class not elected upon the basis of popular representation, 
except in small part, to another which is elected upon that basis. It 
is to leave with one co-ordinate branch of the Legislature the same 
power to participate in the election of judges it now possesses, only 
that its power is to be exercised negatively in case its choice does not 


COUNCIL OF CENSORS. 55 





accord with that of the Hxecutive. And then in place of the other 
co-ordinate branch of the Legislature, there is substituted for the 
performance of this important function, the Chief Magistrate of the 
whole people—the head of an entire co-ordinate and ¢o-equal de- 
partment of the government,—thus virtually securing the united 
action aad concurrence of two departments, instead of one, in the selec- 
tion of those who shall fill the offices in the judicial department. 
The advantage of dividing this responsibility between two depart- 
ments is obvious in the restraint which each will exercise over the 
action of the other, thus preventing hasty and unfit appointments. 
And it is not to be forgotten that it has always been regarded a seri- 
ous objection to reposing the choice of judges solely in that depart- 
ent which makes the laws, the constitutionality of which the judges 
who are dependent upon the body that enacted them, and on which 
they must rely for the seats they hold, will be called upon to pass. 
Still another thing in this connection, peculiar to our own State 

will demonstrate the entire absence of any basis whatever upon which 
to place the objection under consideraton, Under our present frame 
of government, while each voter has an equal voice in the election 
of the Governor and senators, it is far otherwise in the election of 
the members of the House of Representatives. The members of 
the latter body, instead of being elected by the people, in the sense 
of each voter exercising an equal voice, are elected by a congeries, 
so to speak, of municipal.corporations, each corporation having an 
equal voice. The one of them, as for instance, Goshen, may have 
no more than five hundred inhabitants, while another, as for instance 
the town of Rutland, has fifteen thousand. It is plain to be seen that 
under this unequal system of representation, the five hundred inhabi- 
tants of Goshen may neutralize by the vote of its representative, 
for judge, the choice of the fifteen thousand inhabitants of Rutland ; 
in other words, setting the five hundred inhabitants of the former 
town against an equal number of the inhabitants of the latter, leaves 
fourteen thousand five hundred inhabitants of Rutland without any 
voice whatever in the choice of the judges who are to sit in fina] 
judgment upon her vastly greater interests, that frequently become 
involved in litigation, while the inhabitants of Goshen rarely have 
use fora judge at all. Thus Goshen, with a population of only tive 
hundred souls, with scarcely ever a law-suit before the Supreme 
Court, virtually casts thirty votes for each ef our judges, making one 
hundred and eighty votes for the six comprising the present bench, 


56 COUNCIL OF CENSORS. 








while Rutland, with a population of about fifteen thousand, having 
interests so vast and complicated as to require the frequent adjudi- 
cation of the judges of the last resort, casts but onE vote for each 
judge, and 81x votes for all! And this only illustrates the uniform 
inequality of the system, the only difference being in the degree. So 
that practically, by this method of electing judges, they are chosen 
by corporations, greatly unequal in membership and wealth, through 
the action of their agents, called—or rather mis-called—the rep- _ 
resentatives of the people. Is there any sense, therefore, in claim- 
ing that by the proposed change of the mode of electing the judges, 
the equal and popular rights of the people are to be invaded? On 
the contrary, will they not be secured? While, then, the towns are 
not asked to yield up the principle of equal representation as corpo- 
rations in that branch of the government entrusted with the entire 
power of making the laws, shall it be thought a matter of complaint 
that it be asked that the people shall have an equal voice, through 
their popularly elected Governor and Senate, in the election of the 
judges who are to sit, it may be, upon their dearest rights? Shall 
the corporation“ with five hundred inhabitants not only have thirty 
votes to one for the corporation with fifteen thousand in the making 
of the laws, but also thirty votes, to one for the other, in the choice 
of the judges who are to sit in judgment upon those laws? Will 
any one have just cause for complaint that this unequal power shall 
in one of these two instances in which it is now exercised, be placed 
in the hands of others who are elected by the free and equal voice 
of the people ? 

The population of the State by the census of 1860 was 315,098. 
Of this number only,93,157 resided in a majority of one, of the small 
towns, and 221,941 {resided in a minority of one, of the larger towns 
thus giving the power to 93,157 of the whole population of 315,098 
to control in the election of judges. 

Your committee, to avoid any possible misapprehension, beg leave 
te say, that they do not intend this report shall be regarded as an 
assault upon the system of town representation. Though that system 
is copied from the old Haglish borough system, and the representa- 
tion is of communities composed of populations of unequal numbers, 
and does not represent the equal voice of the people, as already seen ; 
yet it stands at present upon defensible reasons growing out of tradi- 
tional usage, local town pride, unification of the interests of the peo- 
ple inhabiting @he same town, and having corporate interests 


COUNCIL OF CENSORS. oT 








demanding legislative protection or encouragement. but the point 
we are making is, that while this mode of representation, for the 
reasons given, is defensible in respect to the power of the Legislature 
to make the laws, it is wholly indefensible, being unequal and cor- 
rupting, in respect to its power to create the judges who shall sit in 
judgment upon the Jaws made by a body so constituted, It is clear 
to the apprehension of your committee, that the true way to keep 
_ the one-half of the towns, having the largest relative population, 
satisfied with the present system of representation—that is, the giv- 
ing the half of the towns, having the minority of the population. 
nevertheless, an equal voice with the larger towns, having a vast 
majority of the population, in the legislation of the State,—is the 
graceful relinquishment, by the smaller towns, of a right to a like 
controlling voice ir the election of the judges who are to sit in judg- 
ment, not only in all cases affecting the peuple at large and individu- 
ally, but also upon the laws enacted by the minority of the people. 
Should the small towns, therefore, show a disposition to grasp and 
hold on to this double power of making the laws and of interpreting 
them likewise, over the heads an& against the clear natural rights of 
the majority, it would, in the opinion of your committee, create in 
the minds of the majority such a sense of wrong and injustice, that 
at last both the borough system of representation, and its power of 
appointment, will be swept away before the rising and irrepressible 
indignation of the people at the manifest wrong. On the other hand, 
with this concession made, thus giving the people an equal voice in 
the election of the efficers of one co-ordinate department of the gov- 
ernment, of which they are now deprived, the town system of repre- 
sentation may remain undisturbed for years to come, and until the 
population of the towns shall become so very unequal as to lead to 
universal conviction that justice demands a change. 

For the reasons hereinbefore set forth, and others of minor impor- 
tance not necessary to allude to in this report, your committee are 
unanimously of the opinion that the Constitution should be so amend- 
ed, as to provide for the appointment of the judges of the Supreme 
Court by the Governor, by and with the advice and consent of the 
Senate. 

2. The seeond condition to be secured, depending for its accom- 
plishment upon the method of filling these high judicial offices, 
Famely, the exaltation of the bench above the reach of the demoral- 
izing influences which attend upon periods of partisan strife, and 


58 COUNCIL OF CENSORS. 





influences of a kindred sort, has already been sufficiently considered 
in the discussion of the mode of appointment. It is the judgment 
of your committee that this desirable end will be attained by adopt- 
ing the mode recommended. 


8. The third condition, that of permanency of official tenure, 


remains for brief consideration. In the judgment of your committee 
the office should be in some degree permanent. The independence of 
the judges is essential to the fearless discharge of their duty, and can 
be secured in no other way. In the language of Chancelhor Kent: 
‘« It is salutary in protecting the Constitution and Jaws from the en- 
croachments and tyranny of faction. Laws, however wholesome or 
necessary, are frequently the object of temporary aversion, and 
sometimes of popular resistance. It is requisite that the courts of 
justice should be able, at all times, to present a determined counte- 
nance against all licentious acts; and to deal impartially and truly, 
according to law, between suitors of every description, or whether the 
cause, the question, or party, be popular, or unpopular. To give the 
firmness and the courage to do it, the judges ought to be confident of 
the security of their station. Nor is an independent judiciary less 
useful as a check upon the legislative power, which is sometimes dis- 
posed from the force of passion, or the temptations of interest, to 
make a sacrifice of constitutional rights ; and itis a wise and neces- 
sary principle of our government that legislative acts are subject to 
the severe scrutiny and impartial interpretation of the courts of 
justice, who are bound to regard the Constitution as the paramount. 
law, and the highest endeavor of the will of the people.” Upon this 
subject your committee would call the attention of the council to an 
article of great force and clearness contained in the Federalist. We 
find room in this report for only a single extract: ‘There is yet a 
further and weigaty reason for the permanency of judicial offices, 
which is deducible from the nature of the qualifications they require. 
It has been frequently remarked with great propriety that a volum- 
inous code of laws is-one of the inconveniencies necessarily connected 
with the advantages of a free government. ‘To avoid an arbitrary 
discretion in the courts, it is indispensable that they should be bound 
down by strict rules and precedents, which serve to define and point 
out their duty in every particular case that comes before them. And 
it will readily be conceived, from the variety of controversies wh ich 
grow out of the folly and wickedness of mankind, that the records of 


COUNCIL OF CENSORS. 59 


those precedents must unavoidably swell to a very considerable bulk, 
and must demand long and laborious study to acquire a competent 
knowledge of them. Hence it is that there can be but few men in 
the society who will have sufficient skill in the laws to qualify them 
for the station of judges. And making the proper deductions for the 
ordinary depravity of human nature, the number must be still small- 
er of those who unite the requisite integrity with the requisite knowl- 
edge. These considerations apprise us that the government can have 
no great option between fit characters; and that a temporary dura- 
tion in office, which would naturally discourage such characters from 
quitting a lucrative line of practice to accept a seat on the bench, 
would have a tendency to throw the administration of justice into 
hands less able and less qualified to conduct it with ability and 
dignity.” 

Every line of the foregoing extract from the Federalist, the pro- 
duction of the pen of Joun Jay, who afterwards made the bench of 
the Supreme Court of the United States forever illustrious by his 
occupancy of it as Chief Justice, is as applicable to our State as to 
any other, and it has never been denied or called in question by any 
jurist or statesman, worthy of the name, who was either contempo- 
raneous with, or has succeeded him. 


Fully concurring in these views, your committee have adopted 
them as a guide in fixing upon the tenure of office of the judges of 
the Supreme Court. But your committee have not thought best to 
recommend that the tenure should be for life, as is the case in respect 
to the I’ederal Judiciary. They are of the opinion that a shorter 
period will best meet our peculiar condition, and best accord with 
the prevailing judgment of our people. Your committee recom- 
mend the period of six years as being the proper mean; and 
that the appointments shal] be so made, as that the terms of two of 
the judges shall expire in every alternate year, in the event that a 
provision for biennial sessions of the Legislature shall be adopted, or 
one in every year if not adopted. 


Closely connected with this branch of the subject is the question 
of compensation. Your committee think it proper to recommend 
that the Constitution be so amended as to provide that the judges of 
the Supreme Court shall, at stated times, receive for their services 
a reasonable compensation, which shall not be diminished during 
their continuance in office. The reason tor which is thus, in sub- 


60 COUNCIL OF CENSORS. 





stance, succinctly stated in the.article in the Federalist, before re- 
ferred to: ‘‘In the general course of human nature, a power over a 
man’s substance amounts to a power over his will. And one can 
never hope to see realized in practice the complete separation of the 
judicial from the legislative power, in any system which leaves the 
former dependent for pecuniary resource on the occasional grants of 
the latter. The ,enlightened friends of good government in every 
State, have seen cause to lament the want of precise and explicit pre- 
cautions in the State constitutions on this head.”’ 


It is not to be forgotten that judges are subject to the infirmities 
of human nature, after being placed upon the bench, the same as they 
were before. An appointment to office changes nothing that is in- 
herent in the nature of human beings, A judge ought to be able to 
treat the parties to a cause, be they president or beggars, with the 
same indifference with respect to being influenced by them, that the 
mathematician does the algebraic signs with which he works out his 
problem. But we have no reason to suppose that judges will be 
altogether uuinfluenced, under the elective system, by the conscious- 
ness that they may be dependent for a re-election upon the caprice 
of men to be humored, upon partiality bestowed on the great and in- 
fluential, and upon sycophantic fawnings lavished upon those whe 
strut in the illy worn plumes of brief authority. It is true a man of 
honor would scorn these practices; but the danger is that in scorning 
them he runs the risk of losing his position, to make way for one 
more pliant to such practices. 


While your committee have thought it proper to provide, by an 
amendment, that the salary of the judges shall not be diminished 
during their continuance in office, they have not thonght best to fix 
the amount by constitutional provision. The fluctuations in the value 
of money and in the price of articles of merchandise, render a fixed 
compensation inadmissible. But your committee feel warranted in 
saying that, in the opinion of your committee, the present salary of 
the judges is inadequate. It is true that im exceptional instances, as 
when the judge has no family, or possesses a large fortune, it might 
be called sufficient. But it is usually the case that the judges are 
not composed of persons belonging to these classes. They are, or 
should be, when appointed, in the earlier middle period of life, before 
they have been permitted to reap the rewards of professional labor 
to the extent to place them in a position of pecuniary independence. 


COUNCIL OF CENSORS. 61 


If one be called to the bench at that period of his life, it will put 
upon him the necessity of giving up all the pecuniary rewards, into 
the enjoyment of which he is about to enter, and from which he hopes 
to save a reasonable eompetence for old age. ‘To induce such a law- 
yer to leave his professional walk, and accept a seat upon the bench, 
the compensation must be sufficient to enable him to do so with a 
reasonable confidence that it will cover all the expenses of current 
life, including the maintenance and education of his children suitably 
to his station, and to enable him to lay by a sufficiency for that day 
when, having served the State with eminent ability in his high office, 
he must lay aside its robes, and sit down in the decrepitude of age to 
enjoy until his final departure, full of honors, the well earned fruits 
of his toils. Without holding out this prospect in the form of an 
adequate salary, the best talent and accomplishments cannot be se- 
cured. By making it, not lucrative, but simply remunerative, the 
ablest lawyers,—those in all respects best qualified for the bench,— 
can be secured. When corporations and princely merchants have 
large interests involved in litigation, they wisely employ the ablest 
counsel that money can procure, to guard, protect and defend their 
rights. The State has more vast and laborious duties to be per- 
formed than any private individual can impose upon a counsellor, in- 
volving greater interests, and requiring the ability of those most 
eminent for talent, experience, learning and integrity, whose services 
can be procured by the same means that secure them to the corpora- 
tion or the merchant. The judge needs to be at least the peer of 
any lawyer who appears before him. What assurance has an humble 
and honest man, dragged into court by the oppression of an influen- 
tial and powerful adversary, who employs the most distinguished 
counsel to be found within the range of the State, if the judge, in- 
stead of being the equal of the attorney in talent, learning and fear- 
lessness in the discharge of his duties, is weak, and has acquired but 
a smattering of the knowledge of the law? He is simply overpowered 
by the superior force of the intellect and will that is brought to bear 
upon him, and if a correct decision is arrived at, it will be a provi- 
dential escape of the humble suitor from causes he may thank a good 
Providence for, but which cannot be explained in the light of human 
experience, Place an inferior hawyer on the bench, and one of two 
things will inevitably follow. He is still what he was before his ap- 
pointment. His regalia of judge has not added one iota to his 
stature, nor to the powers of his mind. It is certain that his highest 


62 COUNCIL OF CENSORS. 








ambition will be to win the favor of the influential and powerful 
members of the bar, and to stand in good favor with those in the 
community who control the disposition of the prize which by some 
accident he holds. Since he has not the qualities to win the respect 
and the fear of these, he will at least win their favor by being gra- 
cious, and pliant and fawning towards them beyond the verge of that 
dignity and decency which should ever adorn the bench. When a 
farmer looks for a workman for the season, he selects the best he can 
get, at the highest going price, as a matter of economy, which he has 
learned by experience. If he wishes to build a mansion, he enquires 
for and employs the best architect and the best builders that the place 
affords, and he sees the economy of doing so, in the regular progres- 
sion of the work from foundation stone to pinnacle, in the regular 
architectural order of the different parts of the building, and the 
steady, rapid progress of its construction. And he never doubts the 
economy of paying the highest price, though he knows there are 
plenty of architects and workmen who could have been hired for half 
the price, it may be, but who would have erected for him a building 
scarcely worth half the money. There is necessity, too, for erecting 
a harmonious structure of jurisprudence. In its rearing we should 
obey certain lines and laws as absolutely as the architect obeys the 
law of architectural proportion and beauty. Not a column should be 
leaning, not a window misplaced, and then the whole should be prop- 
erly adorned and furnished with all the shining qualities of purity 
and independence that blanch not in the face of wrong, though armed 
with weapon or bribe. Why not, then, observe the same rule in the 
selection of the architect of this imperishable structure that is ob- 
served when you employ an architect to build your material and 
perishable dwelling? Is there any reason? 

Moreover, it is undoubtedly true that the money saved by a 
prompt, energetic, efficient discharge of the duties of the office, thus 
limiting the duration of the terms of court, and saving the expense 
of the attendance of jurors, officers, and other attendants, witnesses 
in State causes, fuel, etc., would compensate the State, ten times 
over, for what shall be paid in an increased salary. It is a short- 
sighted, narrow and miserly policy to exclude from the bench the 
men best qualified for the performance of its weighty duties, by fix- 
ing the salary so low that to accept it would involve the sin of neg- 
ligence of that first of all duties which a man is bound to regard, the 
duty of maintaining, educating and preparing for life, those whom 


COUNUCLL OF CENSORS. 63 





God in his providence has made dependent upon him by the closest 
and dearest of human ties. Such a policy can only properly be 
characterized as being that of saving at the spiggot and wasting at 
the bung. A more careful husbandry of time on the part of the 
members of the Legislature for the past few years, less frequent 
adjournments to meet their own mere convenience, would be better 
far in the matter of the practice of a wise economy, than grudgingly 
eking out a salary to their hard-working servants on the bench, so 
small that they are, some of them, compelled from very necessity to 
disclose to the committees of that body that their children go bare- 
footed to school for the want of a salary adequate, with the greatest 
observance of economy possible, to enable them to purchase shoes 
for their feet. These things have been true, and are disgraceful to 
the State which suffers them to be. In the discharge of the duties 
of the office, the judge is obliged for a considerable portion of every 
year, to be away from home at a constant expense. In his absence 
he must employ some competent man to have the care of his family, 
and his affairs. It necessitates the adding one servant at least to 
his help, the year around, and reduces the salary by so much as it 
takes to pay for it. Surely a competent and hard-working judge,— 
no public servants are called upon to perform such difficult and wea- 
rying and exhausting labor,—should receive such a salary as will 
enable him to have all the essential enjoyments of life, and the 
competence for the later years of his existence that he would have 
enjoyed had he not consented, at the call of the State, to serve her 
in her highest and most important interests. And then the harrass- 
ing forbodings of evil days to come, the minute calculation as to how 
to make a penny go farthest in supplying the actual wants of cur- 
rent life, from day to day, and from hand to mouth, has a tendency 
greatly to impair his usefulness and efficiency in his office. 

Kvery consideration requires that this wrong should no longer con- 
tinue. Careful not to make the office one of such emolument as to 
be sought after by any man competent for the place, from motives of 
gain, the Legislature should be equally careful, on the other hand, to 
see that it is a reasonable and just compensation for the service 
rendered. 

In conclusion, as peculiarly applicable to the plan herein recom- 
mended for adoption, your committee would commend to the especial 
attention of this Council, the wisdom of the following words of a 
most learned jurist of great eminence in both hemispheres: ‘To 


64 COUNCIL OF CENSORS. 


those who are alive to the just interpretation of the Constitution ; 
those who, on the one side, are anxious to guard it against usurpa- 
tions of power, injurious to the states; and those who, on the other 
side, are equally anxious to prevent the prostration of any of its 
great departments to the authority of the others; no language can 
ever be unseasonable that shall warn us of the facility with which 
public opinion may be persuaded to yield up some of the barriers of 
the Constitution under temporary influences, and to teach us the daty 
of an unsleeping vigilance to protect the branch, which, though weak 
in its powers, is yet the guardian of the rights and liberties of the 
people.” 

Your committee append hereto an article embracing the proposed 
amendments. : ; 
CHARLES C. DEWEY, for the Committee. 


ARTICLE 





Sec, —— 


On motion of Mr. REED, 

Ordered that the report lie, and that the Secretary pro- 
cure the printing of five hundred copies for the use of the 
Council. 

The repert of the Special Committee on Biennial Sessions 
and Elections was taken up, being the special order, and 
on motion of Mr. Ranp, the report was amended by ad- 
ding to the articles therein proposed, the following : 


« Artiote 6, The Legislature shall provide by law for filling va- 
cancies in office happening from any cause, during the term of office 
of the incumbent.” 


On motion of Mr. Powsrs, Article 5 was amenied by 
inserting before the words, “county and probate officers,” 
the words, senators and town representatives. 

On motion of Mr. LANE, 

Ordered that the report lie. 

Mr. Powers moved that when this Council adjourn it ad- 
journ to meet on Monday next at 2 o’clock, P. M. 5 

Which was agreed to. 

On motion of Mr. Powers, adjourned. 


COUNCIL OF CENSORS. 65 


MONDAY AFTERNOON, AUGUST 2, 1869. 


Journal of Saturday read and approved. 


On motion of Mr. Powers, a call of the Council was or. 
dered, and the roll being called, the following named mem- 
bers answered to their names, to wit: Messrs. 


CLEAVELAND, FRENCH, Powrers—5D. 
FIELD, HoLuistER, 


The following named members failed to answer to their 
names: Messrs. 


CoLpurn, LANE, REED, 
Dawey, Ranp, Ross—s 
Harmon, REDFIELD, 


The absentees being summoned, by order of the Council, 
Messrs. REDFIELD and REED appeared and took their seats. 

A quorum being pfesent, further proceedings under the 
call were abandoned, and Mr. CLEAVELAND called up the 
report of the Special Committee on Biennial Sessions. and 
Elections. 

On motion of Mr. CLEAVELAND, the fifth article of the 
proposed articles of amendment was amended by striking out 
the words, “and probate officers,” and inserting in lieu there- 
of, the words, officers, judges of probate. 


Mr. CLEAVELAND moved to strike out Article 4 of the 
proposed articles of amendment, and pending this motion, 
the report was, on motion of Mr. FRENCH, 

Ordered to lie, and made the special order for to-morrow 
morning at ten o’clock. 


Mr. Frenon, from the Legislative Committee, submitted 
the following report, which was read, accepted, and ordered 
to lie: 

To the Hon. Council of Censors : 

Your committee, who were instructed by a resolution of this body 

to enquire egies the provisions of the 94th Chapter of the Ger; 


66 COUNCIL OF CENSORS. 


eral Statutes, relating to the traffic in intoxicating drinks, have been 
duly enforced, and if it be found that said provisions have not been 
so enforced, to report as to the causes of said failure, report : 

That they have attended to the duty assigned them, and find 
that the law is not and has not been duly enforced. As to the cause, 
your committee find that this law, like many others on our statutes, 
is one whose execution the public does not demand; and officers, 
whose duty it is to enforce the law, are very willing to be relieved 
of that duty if the public does not demand its enforcement. 

N. W. FRENCH, for Committee. 


On motion of Mr. Frencn, adjourned. 


TUESDAY, AUGUST 3, 1869. 


Prayer by Rev. C. A. ALLEN. 
Journal of Monday read and approved. 
The President announced that, under a resolution of the 
Council providing therefor, he had appointed 
Cot. A. C. BROWN, Reporter. 


The report of the Special Committee on Biennial Sessions 
and Elections was taken up, being the special order, and 
the question being upon the motion of Mr. CLEAVELAND to 
strike out the fourth article of amendment therein proposed, 
the report was, on motion of Mr. CLEAVELAND, 

Ordered to lie. 

Mr. Coisurn introduced the following resolution, which 
was read and adopted : 


Resolved, That the Special Committee on Woman Suffrage be in- 
structed to enquire into the justice and expediency of so amending 
the Constitution, as to require that every voter shall be able to write 
and read his or her vote, intelligibly, no person to exercise this fran- 
chise without such qualification. 


COUNCIL OF CENSORS. 67 








Mr. Ranp, from the Special Committee on Woman 
Suffrage, submitted the following report, which was read 
and accepted : 


To the Council of Censors now in session : 

The Committee on Woman Suffrage, to whom was referred the 
following resolution, viz: 

Resolved, That the Committee on Suffrage be instructed to inquire 
into the expediency of amending the twenty-second section of Part 
Second of the Constitution, so as to read as follows: 

“Src 22. The inhabitants of this State, without distinction of 
sex, shall be trained and armed for its defense, under such regula- 
tions, restrictions, and exceptions as Congress, agreeably to the Con- 
stitution of the United States and the Legislature of this State shall 
direet. The several companies of militia shall, as often as vacancies 
happen, elect their captain and other officers, and the captains and 
subalterns shall nominate and recommend the field officers of their 
respective regiments, who shall appoint their staff officers. And no 
person shal] be disqualified to hold any military office on account of 
sex;” 


Having considered the same, respectfully report : 


Your committee are aware that this resolution was introduced for 
the purpose of trying the effect of ridicule upon the claim of woman 
to suffrage, and in the dearth of substantial argument against it. 
But, as the Couucil has entertained the resolution, and referred its 
consideration to this committee, we have given it that attention that 
the dignity of the Council and the subject seem to require. 


The idea that the right of voting, and the ability to bear arms 
have any necessary connection, has come down to us, like many other 
antiquated and absurd notions of prejudice and folly, from the feudal 
times of our ancestors; and it has for its foundation all the reasons 
of feudal servitude and no other. The condition upon which the 
tenant held his lands of his superior, was that the tenant should serve 
his master in the field. None but males could perform this service. 
So when the tenant became a freeman and a voter, by virtue of the 
ownership of his land, the idea of military service continued to be 
attached to the new relation. 

But in our days, men do not have to bear arms in order to own 
land or vote. The mover of the resolution may never have shouldered 
a musket in the militia, or volunteered to fight Southern rebels, 
yet he votes unchallenged. Quakers Jo not fight, yet they vote. 

When the rule has not been applied to men for more than a hun- 


68 COUNCIL OF CENSORS. 


dred years, it is quite as far removed from the chivalrous as it is from 
all logical sequence, to claim that as women cannot fight, therefore 
they can not vote. 

A nation would be foolish, when in war, to put women in the ranks, 
and not avail itself of the superior strength of muscle of its men, 
and the peculiar aptitudes of its women, where they they tell most 
against the enemy. And in war women render a service to their 
country as necessary as that of men. They care for the families at 
home. They tend and nurse the sick in hospital. They brave con- 
tagions more dangerous than the bullets of a battle. What woman 
does, at the backs of soldiers in the field, is as essential to sustain 
them in heart and vigor as the provision train itself. 


The services of Florence N ightingale in the Crimea were of more 
value to the British army, than those of the whole six hundred who 
charged at Balaklava. 


Miss Nellie Gillson, of Chelsea, contributed as much to the suc- 
cess of our armies against Southern rebellion, as any score of the 
stalwart soldiers of the old Bay State. | 


In peace or war, our country has better use for her women than to 
marshal them for the field. It can educate them as they have a 
right to be educated; it can give them the ballot equally with men. 
It can then avail itself of their rare insight, virtuous aspirations, 
and disinterested patriotism in the government of our country. It 
ean thus rid politics of much of their virulence and corruption. For 
this service we think we can see in woman an eminent fitness, 
and one not inconsistent wita the peculiarities or employments of 
her sex. 

Your committee therefore do not recommend the adoption of the 
proposed amendment. 


J. RAND, 
CHARLES REED, Committee, 
H. HENRY POWERS, 


Montpelier, August 3, 1869. 


On motion of Mr. Dewey, 

Ordered that the report lie, and that the Secretary pro- 
cure the printing of five hundred copies for the use of the 
Council. 


The report of the Special Committee on Biennial Sessions 


COUNCIL OF CENSORS. 69 





and Elections was again taken up, and Mr. CLEAVELAND, 
by leave, withdrew his motion to amend by striking out the 
fourth article of amendment therein proposed. 


On motion of Mr. Rep, the report was amended by sub- 
stituting for all of said articles of amendment, the following : 


ARTICLE OF AMENDMENT NO. 


Sxc. 1. The General Assembly shall meet on the first Wednesday 
of October, biennially ; the first election shall be on the first Tues- 
day of September, A. D. 1870; and the first session of the General 
Assembly on the first Wednesday of October, A. D. 1870. 


Sec. 2. The Governor, Lieutenant Governor, Treasurer of the 
State, senators, town representatives, assistant judges of the 
county court, sheriffs, high bailiffs, state’s attorneys, judges of 
probate and justices of the peace shall be elected biennially, on the 
first Tuesday of September, in the manner prescribed by the Consti- 
tution of the State. 





Sec. 8. The term of office of the Governor, Lieutenant Governor 
and Treasurer of the State, respectively, shall commence when they 
shall be chosen and qualified, and shall continue for the term of two 
years, or until their successors shall be chosen and qualified, or to 
the adjournment of the session of the Legislature at which, by the 
Constitution and laws, their successors are required to be chosen, and 
not after such adjournment, | 

Sec. 4. The term of office of senators and town representa- 
tives shall be two years from the day of their election. 

Sec. 5. The term of office of the assistant judges of the county 
court, sheriffs, high bailiffs, state’s attorneys, judges of probate 
and justices of the peace, shall be two years, and shall commence 
on the first day of December next after their election. 


Sec. 6. The Legislature may provide by law for filling any 
vacancy that shall happen in any of the above-named offices, 


On motion of Mr. REED, section six of the proposed article 
of amendment was amended by striking out the words 
‘‘above named,” in the second line, and inserting after the 
word “ offices,” the words, “ named in this article.” 


Mr. Powers moved that the Council resolve itself into a 


70 COUNCIL OF CENSORS. 





Committee of the Whole for the purpose of considering this 


report. 
And the question being Will the Council so order? the 


yeas and nays were demanded by Mr. CoLBurn. 
The vote being taken, those members who voted in the 


afirmative are Messrs. 


CoLBURN, Reep, Powers, 
CLEAVELAND, Harmon, Ranp, 
Frexp, Ho.LuistEr, Reprretp—10. 
FRENCH, 

Those members who voted in the negative are Messrs. 
Drwey, Lane—2. 

So the Council resolved itself into a Committee of the 

Whole. 


The Committee of the Whole having arisen, reported by 
their chairman, Mr. Rrep, that they had considered the sub- 
ject referred to them, and made some progress; and asked 
leave to sit again at 24 o’clock this afternoon, and the report 

was accepted, and leave granted. 


On motion of Mr. Rann, adjourned. 


AFTERNOON. 


Mr. Powers submitted the following supplemental report» 
which was read and accepted : 


To the Honorable Council of Censors, now in session : 

The majority of the special committee to whom was recommitted 
the report heretofore made upon the subject of abolishing the Council 
of Censors, would respectfully submit the following supplemental re- 
port : 

The only mode of proposing amendments to the Constitution sug- 
gested by the minority of your committee, is to refer the same to the 
Legislature ; and itis argued that the Legislature isa safer, cheaper 
and more democratic tribunal than the Council of Censors for this 
purpose. Our Constitution was framed for the whole people. It is 


COUNCIL OF CENSORS. 7 











the organic law which governs not municipaltties, but the people of 
municipalities, and as such, ought to be beyond the reach of munici- 
palities to control. The Council, as now constituted, are elected by 
the people, on a general ticket ; and a small town with one hundred 
voters cannot neutralize the voice of a town with ten thousand inhab- 
ktants in selecting the Council. Theoretically, then, the Council 
created by the people themselves more emphatically represents the 
popular voice than any other tribunal in our frame of government. 
This was unquestionably the idea of the ‘ fathers” in creating the 
Council. In the opinion of your committee they ought to have gone 
one step further, and provided that the Council should submit pro- 
posed amendments to the people directly or to a Convention chosen 
in some manner that would represent the people, anc not the towns 
of the commonwealth. Under the existing Constitution it is ques- 
tionable whether the Council can order a Convention called on any 
basis other than that of town representation. Such has been the 
usual practice, and Conventions have been composed only of delegates 
chosen by the several towns ; and thusa small town with fifty voters 
has the same voice in saying what the organic law of the whole people 
shali be, as the town of Rutland has with its fifteen hundred or two 
theusand voters. If this construction of the Constitution is correct, 
it is obviously unjust and wrong; but your committee are of opinion 
that the Council of Censors have the power to call a Convention 
composed of delegates chosen on the basis of population—in other 
words, the delegates may be apportioned to the different counties as 
senators are, and thus the voice of the people at large may be heard. 
If this view is correct, it will be seen that the existing plan of pro- 
posing amendments to the Constitution is one that brings proposed 
changes nearer to the people themselves than the one suggested by 
the minority of your committee. 


The Senate is not in fact chosen on the basis of population, as is 
usually claimed. Hach county has one senator at least,—no matter 
whether it have one town or twenty—one thousand voters or two 
hundred,—so that in the first instance the idea of municipality is 
recognized in the composition of the Senate. As at present consti- 
tuted, we have fourteen senators, (a fraction less than one-half,) 
who represent fourteen counties. The other sixteen senators repre- 
sent the people ol the larger counties. The House of Representatives 
simply represents the several town corporations as corporations, with- 
out any regard to the number of people composing such corporations. 


72 COUNCIL OF CENSORS. 


It is proposed by the minority of the committee to submit pro- 
posed changes in the organic law to these two tribunals thus consti- 
tuted, upon the ground that it will bring them mearer to the people. 
It is submitted that the result aimed at is not brought about under 
this plan. 


Again it is urged that the Council of Censors is a body unknown 
to sister states, and has arrived at that ‘ respectable old age” im our, 
own that entitlesit to funeral honors. We are unable to see any 
force in this argument. The very sowl of an organic Jaw—of a con- 
stitution for a commonwealth, is permanency. ‘The people demand 
some permanent law so that legislatures of partisan bias shall not 
trample upon the rights of minorities. Again, Vermont has very 
many institutions not enjoyed by sister states, and this fact furnishes 
no argument against them. 


Nor is the plan recommended by the minority of your committee 
cheaper than the existing mode. We are of opinion if the Legisla- 
ture once in ten years have power to reach the Constitution that a 
large portion of their time will be occupied in “ tinkering” it. No 
member will think he can subserve the interests of his constituents 
unless he strikes some blow at the Constitution which his fancy may 
dictate, and thus, if no unwise changes are made, much time will be 
taken up, and great expense to the State incurred. 


The other powers delegated by the people to the Council of Cen- 
sors ought not to be surrendered. Through them the people hold a 
check over the different departments of the government. Executives 
may become usurpers, legislatures may become corrupt, and both 
become unfaithful “guardians” of the people. Public taxes may 
be unjustly “laid” and public moneys squandered, and impeach- 
ments may be demanded in cases where a corrupt Legislature would 
screen offenders. 


The proposition to abolish the Council has been agitated several 
times before, but without success; and although in deference to the 
wishes of a portion of our people who call for this change we may be 
constrained to vote to submit the proposed amendment of the minority 
to a Convention, still in justice to ourselves we are bound to express 
our views against the wisdom of such a change. 

Respectfully submitted. 


H. HENRY POWERS, for majority of Committee. 


COUNCIL OF CENSORS. 73 


On motion of Mr. Ranp, 

Ordered, that the report lie, and that the Secretary pro- 
cure the printing of five hundred copies for the use of the 
Council. 


Leave having been granted, and the hour having arrived, 
the Council again resolved itself into a Committee of the 
Whole further to consider the report of the Special Commit- 
tee on Biennial Sessions and Elections, (at half past two 
o’clock). 

And at half-past four o'clock, the Committee of the Whole 
having arisen, reported by theirchairman, Mr. REED, recom- 
mending the adoption of section one of the article pro- 
posed insaid report, and asked leave to sit again at ten 
o’clock to-morrow morning. 

And this report was accepted, and leave granted. 


Mr. Powers moved to adopt section one of the article pro- 
posed in said report, and the question being, Shall said sec- 
tion be adopted? the yeas and nays were demanded by Mr. 
Ranp. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBuURN, FRENCH, Powers. 
CLEAVELAND, Harmon, Ranp —8 
Dewey, Hot.istEr, 

Those members who voted in the negative are Messrs. 
FIELD, REDFIELD, Rrerp—4, 
Lane, 


On motion of Mr. Powers, the remaining sections of 
said article, being sections two, three, four, five and six, 
were adopted. 


~ On motion of Mr. Frencn, adjourned. 


74 COUNCIL OF CENSORS. 


————__-—. — eee a 





WEDNESDAY, AUGUST 4, 1869. 


Prayer by Rev. J. Epwarp WrRriGHtT. 
Journal of Tuesday read and approved. 


Mr. Ranp moved to reconsider the votes whereby sections 
one, two, three, four, five and six of the article of amend- 
ment proposed in the report of the Special Committee on 
Biennial Sessions and Elections, as amended, were adopted, 
and the question being, Shall said votes be reconsidered? it 
was, on motion of Mr. Ranp, 


Ordered to lie. 


By leave of the Council, Mr. CLEAVELAND recorded his 
vote in the affirmative on the adoption of section one of the 
article of amendment proposed in the report of the Special 
Committee on Biennial Sessions and Elections. 


Mr. ReEeEp introduced the following proposed amendment 
to the Constitution, which was adopted : 





ARTICLE 


The judges of the Supreme Court shall be elected biennially, and 
their term of office shall be two years. 


Mr. Dewey from the Special Committee on the Judiciary 
submitted the following proposed amendment to the Consti- 


tution: 
ARTICLE 





Sec. 1. The judges of the Supreme Court shall be appointed by 
the Governor, by and with the advice and consent of the Senate. 


Sec. 2, The term of office of the judges of the Supreme Court 
shall be six years; provided, that under the first appointment made 
in pursuance of this section, one-third of the whole number of judges 
shall hold their office for the period of six years, one-third for the 
period of four years, and one-third for the period of two years. 


COUNCIL OF CENSORS. 7® 





Sxc. 5. Whenever the number of the judges of the Supreme 
Court shall exceed six, the Legislature shall fix the time when the 
term of office of the judges in excess of that number shall commence. 


On motion of Mr. CoLtspurn this article was recommitted 
with instructions to amend. 


Mr. CLEAVELAND called up the report of the minority of 
the Special Committee on changing the mode of amending 
the Constitution, and moved to substitute for the articles of 
amendment proposed therein the following : 


ARTICLE 





Sec. 1. At the annual session of the General Assembly of this 
State, in the year of our Lord one thousand eight hundred and sev- 
enty-eight, and at the annual session thereof in every eighth year 
thereafter, the Senate may propose any specific and particular amend- 
ments to the Constitution of this State that may be necessary for the 
preservation of the rights and happiness of the people; and the 
same being agreed to by two-thirds of the members of the Senate 
and of the House of Representatives, respectively, such proposed 
amendment or amendments shall be entered on the journals of the 
two Houses, and referred to the General Assembly then next to be 
chosen, and shall be published in the principal newspapers in this 
State ; and if at the General Assembly next chosen, as aforesaid: 
such proposed amendment or amendments shall be agreed to by two- 
thirds of the members of the Senate and of the House of Repre- 
sentatives respectively, then it shall be the duty of the General As- 
sembly to submit such amendments to a direct vote of the freemen 
of this State at their Freemen’s Meeting next to be holden for the 
choice of State and county officers ; and if said amendments, or any 
of them, shall be approved and ratified by a majority of the quali- 
fied voters then voting thereon, they shall become part of the Consti- 
tution of this State. 


Sec. 2, The General Assembly shall direct the manner of voting 
by the people upon the proposed amendments, and enact all such 
laws as shall be necessary to procure a free and fair vote upon each 
amendment proposed, and to carry into effect all the provisions of the 
preceding section. 


76 COUNCIL OF CENSORS. 


Sec. 3. The House of Representatives shall have all the powers 
now possessed by the Council of Censors, to order impeachments, 
which shall in all cases be by a vote of two-thirds of its members. 


Sec. 4. The forty-third section of the second part of the Con- 
stitution of this State, is hereby abrogated. 

Mr. Reep proposed to amend the proposed substitute in 
the third line, by striking out the words “ seventy -eight,” 
and inserting in lieu thereof the word ezghty, and by striking 
out the word “eighth,” and inserting in lieu thereof the word 
tenth, and the question being, Shall this amendment be adopt- 
ed? the yeas and nays were demanded by Mr. Regn. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBurRN, Ho .uisteEr, Ranp, 
FIED, LANE, REDFIELD, 
FRENCH, Powers, Reepv—10. 
Harmon, 


Those members who voted in the negative are Messrs. 

* CLEAVELAND, Ross—2. 

So the proposed substitute was amended. 

On motion of Mr. CLEAVELAND, the proposed substitute 
was amended by striking out the word “ annual,” in the first 
and third lines of section one : 


The question recurring, Shall the proposed substitute be 
adopted ? the yeas and nays were demanded by Mr. CoLBurn. 


The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBuURN, Harmon, RAND, 
CLEAVELAND, Ho .uister, REDFIELD, 
FIELD, LANE, ReEep, 
FRENCH, Powers, Ross—12. 


And no member voting in the negative, the proposed sub- 
stitute as amended was adopted, and on motion of Mr. 
PoweERs, 


Ordered that the report and proposed article, as amended, 
lie, and that the Secretary procure the printing of one hun- 
dred copies of the amended article for the use of the Council. 


COUNCIL OF CENSORS. 77 


On motion of Mr. Ross the resolution relating to the 
expediency of calling a convention was taken up, and made 
the special order for two o’clock this afternoon. 


On motion of Mr. Lane, adjourned. 


AFTERNOON. 


The resolution of Mr. Powers relating to the expediency 
of calling a convention was taken up, being the special order. 

Mr. CoLBurn moved to amend by striking out the words, 
‘second Wednesday,” and inserting in lieu thereof the words, 
first Tuesday ; 

Which was disagreed to. 

On motion of Mr. Ranp, 

Ordered that the resolution lie. 


The report of the Special Committee on Woman Suffrage 
was taken up, being the special order, and while the same was 
under consideration, and pending the question, Shall the 
proposed article of amendment relating to Woman Suffrage 


be adopted? 
On motion of Mr. Harmon, adjourned. 





THURSDAY, AUGUST 5, 1869. 


Prayer by Rey. J. Epwarp WriGHt. 

Journal of Wednesday read and approved. 

Mr. Harmon from the Legislative Committee submitted 
the following report, which was read, accepted and ordered 
to lie: 

To the Council of Censors : 


The Legislative Committee to whom was referred the resolution 
instructing them to inquire whether the laws of the State, regulating 


78 COUNCIL OF CENSORS. 








the rate of interest have been disregarded and violated, etc., and 
that said committee report the causes of such violation, and whether 
it be within the province of this Council to provide a remedy, re- 
port: 

That we have considered the matter submitted to us by said 
resolution, and state that the laws of the State regulating the rate of 
interest have been very generally disregarded. The cause of such 
violation is the proclivity of the citizens of this State, ‘moved and 
instigated by the love of money,” to evade the law to gain important 
ends. But we think that a matter so variable as the use of money 
should be under the control of the Legislature, whose flexible legis- 
lation can be better adapted to the varied value of money and the 
various exigencies and wants of the people, than a stiff and inflexible 
provision of organic law; and we, therefore, think that it is not 
within the legitimate province of the Couucil of Censors to provide 
a remedy. 

TIMOTHY P. REDFIELD, for Committee, 

The report of the Special Committee on Woman Suffrage 
was again taken up, and the question being, Shall the pro- 
posed article of amendment be adopted? the yeas and nays 
were demanded by Mr. Rann. | 

The vote being taken, those members who voted in the 
affirmative are Messrs. 

CLEAVELAND, Powers, Reep, 
Ho.uister, Ranp, Ross—6. 
Those members who voted in the negative are Messrs. 


CoLBURN, TRENCH, Lanr—6, 
FLevp, Harmon, 


So the proposed article of amendment was adopted. 


Mr. Powers moved that this vote be reconsidered, and 
the question being, Shall the vote be reconsidered? it was, 
on motion of Mr. Powgrs, 

Ordered to lie. 

On motion of Mr. CLEAVELAND the minority report of 
the Special Committee on changing the mode of amending 
the Constitution was taken up. 

Mr. Ross moved to amend section one of the proposed 
article of amendment by substituting the following: 


COUNCIL OF CENSORS. 79 


Seo 1. At the session of the General Assembly of this State, 
A. D. 1880, and at the session thereof, every tenth year thereafter, 
the Senate may, by a vote of two-thirds of its members, make pro- 
posals of amendment to the Constitution of the State, which propo- 
sals of amendment, if concurred in by a majority of the members of the 
House of Representatives, shall be entered on the journals of the two 
Houses and referred to the General Assembly then next to be chosen, 
and be published in the principal newspapers of the State; and ifa 
majority of the members of the Senate and of the House of Representa- 
tives of the next following General Assembly shall, respectively, con- 
cur in the same proposals of amendment or any of them, it shall be 
the duty of the General Assembly to submit such proposals of amend- 
ment to a direct vote of the freemen of the State; and such of said 
proposals of amendment as shall receive a majority of the freemen 
voting thereon, shall become a part of the Constitution of this 
State. 


On motien of Mr. Ross, 
Ordered that the report and proposed amendment lie. 


Mr. Powers called up the motion to reconsider the vote 
whereby the proposed article of amendment relating to Woman 
Suffrage was adopted. 

And the question being, Shall the vote be reconsidered ? 
it was decided in the affirmative. 

And the question recurring, Shall the proposed article of 
amendment be adopted? the yeas and nays were demanded 
by Mr. Powers. 


The vote being taken, those members who voted in the af- 
firmative are Messrs. 


CLEAVELAND, PowErs, Rexzp, 
Ho. ister, Ranp, Ross—6, 


Those members who voted in the negative are Messrs. 


CoLBuRN, HIE vp, Harmon, 
DEWEY, FRENCH, Lane—6. 


The vote being a tie, it was decided in the affirmative by 
the casting vote of the President. 


80 COUNCIL OF CENSORS. 





—————__—— 


Mr. Dewey from the Committee on the Judiciary sub- 
mitted the following report, which was read and accepted : 
To the Council of Censors : 

The Special Committee on the Judiciary, to whom was recommit- 
ted the proposed article of amendment in relation to the appointment 
of the judges of the Supreme Court, with leave to amend the same, 
report the same back to the Council, amended in certain respects, as 
follows : 


ARTICLE 





Sec. 1. The judges of the Supreme Court, and the presiding 
judges of the county courts, shall be appointed by the Governor, 
by and with the advice and consent of the Senate. 

Src, 2. The term of office of the judges of the Supreme Court 
and the presiding judges of the county courts shall be six years ; 
provided, that under the first appointment made in pursuance of this 
section the two judges first appointed shall hold their offices for the 
period of six years; the two next in the order of appointment shall 
hold their offices for the period of four years ; and the two next in 
the order of appointment shall hold their offices for two years. 

Sec. 5. Whenever the number of the judges of the Supreme 
Court shall exceed six, the Legislature shall fix the time when the 
term of office of the judges in excess of that number shall commence. 

Sec. 4, The judges of the Supreme Court, and the presiding 
judges of the county courts, shall at stated times receive a reason- 
able compensation for their services, which shall not be diminished 
during the term of their offices. 

CHARLES C. DEWEY, for the Committee. 


On motion of Mr. Lang, 

Ordered that the report lie, and that the Secretary pro- 
cure the printing of one hundred copies for the use of the 
Council. 


The report of the Special Committee on changing the 
mode of amending the Constitution, was again taken up, 
and the question being, Shall the amendment proposed by 
Mr. Ross as a substitute for section one of the article of 
amendment proposed in said report be adopted? it was de- 
cided in the affirmative. 


COUNCIL OF CENSORS. eo a 81 

And the question being, Shall the article as amended be 

adopted ? the yeas and nays were demanded by Mr. Powers. 

The vote being taken, those members who voted in the 
affirmative are Messrs. | 





CoLBURN, FRENCH, Harmon—4. 
CLEAVELAND, 

Those members who voted in the negative are Messrs. 
Drwey, LANE, Reep, 
FIExD, PowERs, Ross—%. 
Ho.uistEr, Ranp, 


So the article was rejected. 


Mr. Ranp moved to reconsider this vote, and the question 
being, Shall this vote be reconsidered ? it was, on motion of 
Mr. Ranp, 

Ordered to lie. 


The report of the Special Committee on the Judiciary was 
taken up, and on motion of Mr. DEWEY, it was 

Ordered to lie, and made the special order for two o’clock 
this afternoon. 


On motion of Mr. REeEp, | 

Ordered that the Secretary procure the printing of one 
hundred copies of the article of amendment proposed in the 
minority report of the Special Committee on changing the 
mode of amending the Constitution, as finally amended for 
the use of the Council. 


Mr. Dewey introduced the following resolution, which 
was read and adopted : 


Resolved, That a Convention being called, the President be in- 
structed to appoint a committee, consisting of three members, to pre- 


pare an address to the people, and also a committee, consisting of 
three members, to draft an ordinance. 


On motion of Mr. Ross, adjourned. 


82 COUNCIL OF CENSORS. 





AFTERNOON. 


The report of the Special Committee on the Judiciary 
was taken up, being the special order, and the question be- 
ing, Shall the amendment proposed by the committee be 
adopted? it was decided in the affirmative. 

' The question recurring, Shall the article as amended be 
adopted? the yeas and nays were demanded by Mr. Ranp. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBURN, TRENCH, PowERSs, 
CLEAVELAND, Harmon, Ranp, 
Dewey, Ho.uistER, REeEp, 
FIELD, LANE, Ross—12. 


And no member voting in the negative, the article as 
amended was adopted. 

Mr. Ranp introduced the following resolution, which was 
read and adopted : 


Resolved, That when this Council shall adjourn to-morrow, it ad- 
journ to meet at the Capitol in Montpelier, on Tuesday, the 19th day 
of October next, at ten o’clock in the forenoon. 


The President announced that, under the resolution of Mr. 
DrEweyY so instructing him, he had appointed as Committee 
to prepare an Address to the People, 


Mr. Dewey, 
Mr. Ross, 
Mr. Consurn. 


Committee to Draft an Ordinance, 


Mr. Reep, 
Mr. Rann, 
Mr. Houtisrer. 


Mr. Dewry from the Committee on the Powers of the 
Constitution submitted the following report, which was 
read, accepted and ordered to lie: 


COUNCIL OF CENSORS. 83 








To the Council of Censors now in session : : 

The Committee on the Powers of the Constitution, to whom was 
referred a resolution instructing them to make inquiry whether 
section seven of part second of the Constitution has been violated 
by any member of the Legislature during the last septenary, and 
that said committee have leave to sit at any time during the term of 
office of this Council, and have power to send for persons, papers 
and records, respectfully submit the following report : 

That the attention of the committee has not been called to any in- 
stance, during the last septenary, of the violation, by any member 
of either branch of the Legislature, of said section; nor have your 
committee any knowledge of such violation. And for this reason 
your committee ask to be discharged, until instructed otherwise by 
the Council, from the firther consideration of the resolution. 

CHARLES 0. DEWEY, 


JASPER RAND, Committee, 
JOHN R. CLEAVELAND, 


Mr. Dewey from the Committee on the Powers of the 
Constitution submitted the following report, which was read, 
accepted and ordered to lie: : 


To the Council of Censors now in session : 

The Committee on the Powers of the Constitution, to whom was 
referred a resolution instructing them to inquire whether the legisla- 
tive department of the government, in enacting certain statutes en- 
abling towns to grant aid to railroad corporations, has assumed to 
itself and exercised greater power than it is entitled to by the Con- 
stitution, have had the same under consideration and ask leave to 
report : 

That in their opinion the said statutes cannot be said to be so clear- 
ly in violation of the Constitution as to warrant your committee 
in finding that they fall without its pale. In the opinion of 
your committee, it was not the intention of the framers of the 
Constitution that this body should censure the action of the 
Legislature, unless in case where it is clear to the apprehension*® 
of the body that they have overleaped the boundaries of the 
Constitution, There being conflict in the decisions of the courts upon 
this subject, your committee are of the opinion that this is a 
question which may be more appropriately settled in the Supreme 


84 COUNCIL OF CENSORS. 


Court than by any action which could be recommended by this body. 
If permissible within the spirit of the authority conferred upon this 
Council, your committee would suggest that it would perhaps be a 
proper subject for consideration whether it would not be expedient, 
in any future legislation upon the subject that two-thirds of the 
tax-payers and two-thirds of the grand list, both in number of tax- 
payers and amount of grand list, should be required to enable the 
towns to aid such corporations. And also whether future legislation 
of this kind shall not be general instead of partial, as it has here- 
tofore been. 

CHARLES C. DEWEY, 

JASPER RAND, Committee. 

JOHN R. CLEAVELAND, 

Mr. Dewey from the Committee on the Powers of the 
Constitution submitted the following report, which was read, 
accepted and ordered to lie: 

To the Council of Censors now in session : 

The Committee on the Powers of the Constitution ask leave to 
report : 

That upon consideration of the subjects submitted to them, they 
have no knowledge of any clear violation of the provisions of the 
Constitution during the last septenary. They would refer to special 
reports submitted by them, and ask leave to be discharged. 


CHARLES C. DEWEY, 
JASPER RAND, . » Committee. 
JOHN R. CLEAVELAND, 


Mr. CLEAVELAND moved to reconsider the vote whereby 
the article of amendment proposed by the Special Committee 
on the Judiciary was adopted, and the question being, Shall 
the vote be reconsidered ? it was, on motion of Mr. CLEAVE- 
LAND, 

Ordered to lie. 


The motion to reconsider the vote rejecting the article of 
amendment relating to the mode of amending the Constitu- 
tion, was taken up, and the question being, Shall the vote 
be reconsidered? it was decided in the affirmative. 

And the question recurring, Shall the proposed article of 
amendment be adopted? it was decided in the affirmative. 


COUNCIL OF CENSORS. 85 


Mr. ReEep moved that this vote be reconsidered, and the 
question being, Shall the vote be reconsidered? it was, on 
motion of Mr. REED, 

Ordered to lie. 


Mr. Ross moved that the vote whereby the proposed 
article of amendment relating to Woman Suffrage was 
adopted, be reconsidered, and the question being, Shall the 
vote be reconsidered? it was, on motion of Mr.. Ross, 

Ordered to lie. 


The resolution of Mr. Powers, relating to the expediency 
of calling a Convention, was taken up, and on motion of 
Mr. Ranp, unanimously adopted. | 


Mr. Ross moved to reconsider this vote, and the question 
being, Shall the vote be reconsidered? it was, on motion of 
Mr. Ross, 

Ordered to lie. 


‘By unanimous consent, Mr. Ross moved to reconsider the 
vote whereby the proposed article of amendment relating to 
Corporations was adopted, and the question being, Shall 
the vote be reconsidered? it was, on motion of Mr. Ross, 

Ordered to lie. 

On motion of Mr. CLEAVELAND, 

Ordered that the Secretary procure the printing of one 
hundred copies of all proposed articles of amendment pend- 
ing in this Council, and transmit five copies thereof to each 
member. 


On motion of Mr. Ross, adjourned. 


34) COUNCIL OF CENSORS. 


ee a ee 


FRIDAY, AUGUST 6, 1869. 


Prayer by Rey. J. Epwarp Wricurt. 
Journal of Thursday read, corrected and approved. 


On motion of Mr. Rerp, the Council adjourned to meet 
at the Capitol in Montpelier, on Tuesday, the 19th day of 
October next, at ten o’clock in the forenoon. 


THIRD SESSION. 


TUESDAY, OCTOBER 19, 1869. 


Prayer by Rev. Witu1am Frrz. 


Mr. ReeEp from the Committee appointed to Draft an 
Ordinance, reported the following, which was read, accepted 
and ordered to lie: 


ORDINANCE OF COUNCIL. 
State or VERMONT. 
In Counctt or Censors, October, <A. D. L869. | 

The Council having determined to propose certain amendments to 
the Constitution of the State, and to call a Convention to consider 
such amendments; therefore, 

Ir 1g OrpERED by said Council that a2 Convention of the people 
of the State of Vermont shall meet at the State House, in Mont- 
pelier, on the second Wednesday of June, A. D. 1870, at ten o’clock 
in the forenoon, to consider the said proposed amendments a 
adopt the same or such parts thereof as the said Convention sha 
deem necessary to preserve the peace and happiness of the people 
of this State. ) 

And for the purpose of electing delegates to attend said Conven- 
tion, the first constable of each organized town in this State, or in 
his absence the town clerk, or in the absence of both, one of the se- 
lectmen of each town, without further order, shall set up a notifica- 
tion in writing, at such place or placesas shall have been designated 
by such town for notifying town meetings, at least twelve days be- 
fore the second Tuesday of May, A. D. 1870, warning tie freemen 
of said town to meet ou the said second Tuesday of May, A. D. 
1870, at ten o’clock in the forenoon, at the place where the last 
Freemen’s Meeting was held in such town, for the purpose of elect- 
ing a delegate to represent the freemen of such town in said Con- 


88 COUNCIL OF CENSORS. 





vention; and at the opening of such meeting this order shall be - 
publicly read. 

And the first constable, or in his absence one of the selectmen 
of such town, shall preside at said meeting, and shall call on the 
freemen of said town for the space of four hours to give in their 
votes for such delegate; which votes shall be given and received 
in the manner and under the same regulations as are by law pro- 
vided for electing representatives to the General Assembly. And 
at the expiration of said.time the votes so taken shall be sorted and 
counted by the presiding officer and such of the selectmen and jus- 
tices of the peace of such town as shall be present. And if no per- 
son shall have a majority of all the votes given, the presiding officer 
shall so inform the freemen and call on them as aforesaid, giving a 
reasonable time only for receiving their votes, and so continue from 
time to time to receive and count the votes until an election of a 
delegate shall be made. | 

And when an election shall be made as aforesaid, it shall be the 
duty of the presiding officer of the meeting to declare the same, and 
to deliver to the person elected a certificate of the following tenor, 
to wit : 

STATE OF satan At a Freemen’s Meeting, warned 

County, ss. § and holden at , in 
pursuance of an ordinance of the Council of Censors, on the second 
Tuesday of May, A. D. 1870, was elected a 
delegate by a majority of the freemen present to represent the peo- 
ple of the town of in a State Convention, to be 
held at Montpelier, on the second Wednesday of June, A. D. 1870, 
to consider certain amendments to the Constitution of this State, 
proposed by the said Council of Censors in October last. 


Given under my hand at , this day of May, 
A. D, 1870. 


First Constable 
(or Selectman) and 
Presiding Officer. 


And the said rpc shall be a sufficient credential of the eleo- 
tion of such person. 


Done in Council at Montpelier, the day and year above written. 


President. 
Secretary. 


On motion of Mr. Powers, adjourned. 


COUNCIL OF CENSORS. 89 


AFTERNOON. 


No qv’-um being present, 
On motion of Mr. Ranp, adjourned. 


WEDNESDAY, OCTOBER 20, 1869. 


Prayer by Rev. Witu1am Firz. 
Journal of Tuesday read and approved. 


The proposed article of amendment relating to Corpora- 
tions was taken up, and the question being, Shall the vote 
adopting the same be reconsidered? it was decided in the 
affirmative. 

And the question recurring, Shall said article be adopted ? 
it was, on motion of Mr. Ross, 

Ordered to lie. 


The proposed article of amendment relating to Biennial 
Sessions and Elections was taken up, and the question being, 
Shall the vote adopting the same be reconsidered? the yeas 
and nays were demanded by Mr. Dewry. 


The vote being taken, those members who voted in the af- 
firmative are Messrs. | 
CoLBurn, FIELD, LANE—3. 


Those members who voted in the negative are Messrs. 


CLEAVELAND, Ho.tvistERr, REDFIELD, 
Dewey, Powers, REED, 
FRENCH, Rann, Ross—10. 
Harmon, 


So the motion to reconsider was lost. 


90 COUNCIL OF CENSORS. 


The proposed article relating to Woman Suffrage was 
taken up, and the question being, Shall the vote adopting 
the same be reconsidered? it was decided in the affirmative. 


And the question recurring, Shall said article be adopted ? 
the yeas and nays were demanded by Mr. Rann. 


The vote being taken, those members who voted in the 
affirmative are Messrs. 


CoLBURN, Hou.ister, REDFIELD, 
CLEAVELAND, Powers, REED, 
FRENCH, Ranp, Ross—9., 


Those members who yoted in the negative are Messrs. 


DEWEY, Harmon, Lanr—4. 
FIELD 


So the proposed article was adopted. 


The proposed article of amendment relating to the Ju- 
diciary was taken up, and the question being, Shall the 
vote adopting the same be reconsidered? it was decided in 
the affirmative. 


The question then being upon the adoption of this article, 
by unanimous consent, Mr. CLEAVELAND moved to recommit 
the proposed article to the Special Committee on the Ju- 
diciary ; 

Which was agreed to. 

The proposed article of amendment relating to the mode 
of amending the Constitution was taken up, and the ques- 
tion being, Shall the vote adopting the same be reconsid- 
ered? it was decided in the negative. 


Mr. Powers called up the proposed article relating to 
Corporations, and moved to commit to a member with in- 
structions to amend the same so as to read as follows, viz: 

Corporations shall not be created, nor their powers in- 
creased or diminished by spcial laws, except for municipal 
purposes ; ) 

Which was agreed to. 

And the President designated Mr. Powers as the mem- 
ber to whom said article should be committed to amend. | 


COUNCIL OF CENSORS. 91 


Mr. Powers reported that he had amended said article 
as instructed by the Council; which report was accepted. 

And thereupon the amendment proposed by Mr. Powrrs 
was adopted. 

Pending the question, Shall the proposed article as amend- 
ed be adopted ? 

On motion of Mr. Powers, adjourned. 


AFTERNOON. 


The proposed article relating to Corporations was taken 
up, and the question being, Shall said article as amended be 
adopted? it was decided in the affirmative. 


Mr. Dewey from the Special Committee on the Judiciary 
submitted the following report, which was read and accepted : 
To the Council of Censors : 

The Committee on the Judiciary, to whom was recommitted the 
proposed article relating to the Judiciary, ask leave to report: 

That they have considered the same and have amended the second 
section of said article as follows: Strike out all after the word “ pro- 
vided,” and insert the following: that under the first appointment 
made in pursuance of this section, one-third of the judges first ap- 
pointed shall hold their offices for the period of six years ; one-third 
thereof, second in the order of appointment, shall hold their offices for 
the period of four years ; and one-third thereof, last in the order of 
appointment, shall hold their offices for the period of two years. 
Strike out section three. 

And the amendment proposed by said committee was 
adopted. 


Mr. Dewry moved to commit said article to a member 
with instructions to amend the same ky striking out from 
sections one, two and four of said article, the words} “and 
the presiding judges of the county courts ;” 

Which was agreed to. 


92 COUNCIL OF CENSORS. 








And the President designated Mr. ReEp as the member 
to whom said article should be committed to amend. 

Mr. REEp reported that he had complied with the instruc- 
tions of the Council, and submitted said article amended ac- 
cording to instructions. 

And the report of the committee was accepted, and the 
‘proposed amendment was adopted. 

And the question being, Shall the article as amended be 
adopted? it was decided in the affirmative. 


The resolution of Mr. Powers relating to the expediency 
of calling a Convention was taken up, and the question be- 
ing, Shall the vote unanimously adopting the same be recon- 
sidered? the yeas and nays were demanded by Mr. Dewey. 

The vote being taken, those members who voted in the 
affirmative are Messrs. 

Lang, REDFIELD—2. 


Those members who voted in the negative are Messrs. 


CoLBURN, FRENCH, Rann, 
CLEAVELAND, _ Harmon, ReEep, 
Dewey, Ho.uistsEr, Ross—11. 
FIExp, Powers, 


So this motion to reconsider was lost. 


Mr. REEp introduced the following resolution which was 
vead and adopted : 


Resolved, That the Committee on Revision and Engrossment be in- 
structed to report to the Council an engrossed copy of the articles of 
amendment to the Constitution of the State of Vermont, proposed 
by the Council of Censors; and of the articles of the Constitution 
proposed to be added to, abolished, or altered thereby; and of the 
ordinance adopted by the Council, in a form to be signed by the 
President and Secretary, and officially promulgated. 


On motion of Mr. DEwEy, adjourned. 


COUNCIL OF CENSORS. 93 


THURSDAY, OCTOBER 21, 1869. 


Prayer by Rev. Witiiam Frrz. 
Journal of Wednesday read and approved. 


Mr. Dewey from the Committee appointed to prepare an 
Address to the People submitted an address, which was read, 
accepted, amended, and on motion of Mr. CLEAVELAND, 
referred to the Committee on Revision and Engrossment. 

Mr. Powers from the Committee on Revision and En- 
grossment reported that said committee had complied with a 
resolution of the Council so instructing them, and submitted 
an engrossed copy of the articles of amendment to the Con- 
stitution proposed by the Council, the articles of the present 
Constitution affected by said proposed amendments, and the 
ordinance referred to said committee ; 

Which report was accepted, amended, and on motion of 
Mr. CLEAVELAND, recommitted. 


Mr. CLEAVELAND moved that when the Council adjourn, 
it adjourn to meet this afternoon at four o’clock ; 
Which was agreed to. 


On motion of Mr. Ross, adjourned. 


AFTERNOON. 


Mr. Reep from the Committee on Revision and Engross- 
ment submitted the following report, which was read and 
accepted : 


To the Council of Censors now in session : 

The Committee on Revision and Engrossment, to whom was recom- 
mitted a former report of this committee, containing an engrossed 
copy of the articles of amendment to the Constitution, the articles of 


94 COUNCIL OF CENSORS. 


the present Constitution affected by said proposed amendments, and 
the ordinance referred to said committee, submit the following : 


Articles of Amendment to the Constitution of the State 
of Vermont, proposed by the Council of Censors on 
the 22d day of October, A. D. 1869. 


ARTICLE 1. 
Corporations shall not be created, nor their powers increased or 
diminished by special laws, except for municipal purposes. 


ARTICLE 2 
Sec. 1. ‘The General Assembly shall meet on the first Wednesday 
of October, biennially; the first election shall be on the first Tues- 
day of September, A. D. 1870; the first session of the General As- 
sembly on the first Wednesday of October, A. D. 1870, 


Sec. 2. The Governor, Licutenant Governor, Treasurer of the 
State, senators, town representatives, assistant judges of the county 
court, sheriffs, high bailiffs, State’s attorneys, judges of probate 
and justices of the peace, shall be elected biennially, on the first 
Tuesday of September, in the manner prescribed by the Constitution 
of the State. 

Sec. 3. The term of office of the Governor, Lieutenant Governor 
and Treasurer of the State, respectively, shall commence when they 
shall be chosen and qualified, and shall continue for the term of two 
years, or until their successors shall be chosen and qualified, or to 
the adjournment of the session of the Legislature at which, by the 
Constitution and laws, their successors are neqmitedy to be chosen, and _ 
not after such adjournment. 

Sec. 4. The term of office of senators and town representatives 
shall be two years, commencing on the first Wednesday of October 
following their election. 

Sec. 5. The term of office of the assistant judges of the county 
court, sheriffs, high bailiffs, State’s attorneys, judges of probate and 
justices of the peace, shall be two years, and shall commence on the 
first day of December next after their election. 


ARTICLE 3. 
Whenever the office of senator or town representatives shall be- 
come vacant from any cause, the Legislature may provide by a for 
filling such vacancy. | | 


COUNCIL OF CENSORS, 95 





| ARTICLE 4. 
Sec. ]. The judges of the Supreme Court shall be appointed by 
the Governor, by and with the advice and consent of the Senate. 


Suc. 2. The term of office of the judges of the Supreme Court 
shall be six years; provided, that under the first appointment made 
in pursuance of this section, one-third of the judges first appointed 
shall hold their offices for the period of six years; one-third thereof, 
second in the order of appointment, shall hold their offices for the 
period of four years; and one-third thereof, last in the order of ap- 
pointment, shall hold their offices for the period of two years. 


Sec. 3. The judges of the Supreme Court shall at stated times 
receive a reasonable compensation for their services, which shall not 
be diminished during the terms of their offices. 


ARTICLE 





Proposed for adoption tf article two is adopted and ar- 
ticle four ts rejected. 
The judges of the Supreme Court shall be} elected biennially, and 
their term of office shall be two years. 


ARTICLE 5. 
Hereafter women shall be entitled to vote,and with no oth 
restrictions than the law shall impose on men. 


ARTICLE 6. 


Src. 1. At the session of the General Assembly of this State 
A. D. 1880, and at the session thereof, every tenth year thereafter, 
the Senate may, by a vote of two-thirds of its members, make pro- 
posals of amendment to the Constitution of the State, which propo- 
sals of amendment, if concurred in by a majority of the members of 
the House of Representatives, shall be entered on the journals of the 
two Houses, and referred to the General’ Assembly then next to be 
chosen, and be published in the principal newspapers of the State ; 
and if a majority of the members of the Senate and of the House 
of Representatives of the next following General Assembly shall 
respectively concur in the same proposals of amendment, or any of 
them, it shall be the duty of the General Assembly to submit the 
proposals of amendment so concurred in to a direct vote of the free- 
men of the State; and such of said proposals of amendment as shall 


96 COUNCIL OF CENSORS. 


receive a majority of the votes of the freemen voting thereon shall 
become a part of the Constitution of this State. 


Sec. 2. The General Assembly shall direct the manner of voting 
by the people upon the proposed amendments, and enact all such 
laws as shall be necessary to procure a free and fair vote upon each 
amendment proposed, and to carry into effect all the provisions of 
the preceding section. 


Sxc. 3. The House of Representatives shall have all the powers 
now possessed by the Council of Censors to order impeachments, 
which shall in all cases be by a vote of two-thirds of its members. 


Sec. 4. The forty-third section of the second part of the Consti- 
tution of this State is hereby abrogated. 


Articles of the present Constitution affected by the above 
proposed amendments. 


PART 2. 


Sxc. 8. The House of Representatives of the freemen of this 
State shall consist of persons most noted for wisdom and virtue, to be 
chosen by ballot by the freemen of every town in this State, respec- 
tively, on the first Tuesday of September, annually, forever. 


Szc. 9. The representatives so chosen, (a majority of whom shall 
constitute a quorum for transacting any other business than raising a 
State tax, for which two-thirds of the members elected shall be pres- 
ent,) shall meet on the second ‘lhursday of the succeeding October, 
[and shall be styled, The General Assembly of the State of Vermont :] 
(see the second article of amendment). They shall have power to 
choose their Speaker, [Secretary of State,] (see the tenth article of 
amendment,) their Clerk and other necessary officers of the House ; 
sit on their own adjournments; prepare bills and enact them into 
laws ; judge of the elections and qualifications of their own mem- 
bers; they may expel members, but not for causes known to their 
constituents antecedent to their election; they may administer oaths 
and affirmations in matters depending before them; redress griev- 
ances; impeach State criminals; grant charters of incorporation ; 
constitute towns, boroughs, cities and counties ; they may, annually, 
on their first session after their election, [in conjunction with the 
Council] (or oftener if need be) elect judges of the Supreme fand 
several county and probate] courts, [sheriffs and justices of the peace, ] 


COUNCIL OF CENSORS. “i 





(see articles of amendment from the fourteenth to the twentieth, both 
émelusive,) and also [with the Council] may elect major generals and 
brigadier generals, from time to time as often as there shall be occa- 
sion ; and they shall have all other powers necessary for the Legisla- 
ture of a free and sovereign State. But they shall have no power 
to add to, alter, abolish, or infringe any part of this Constitution. 
(See the articles of amendment which require the concurrent action 
of a Senate for the effectual exercise of most of the above mentioned 
powers.) 


Sec, 21. Every man of the full age of twenty-one years, having 
resided in this State for the space of one whole year next before the 
election of representatives, and is of a quiet and peaceable behavior, 
and will take the following oath or affirmation, shall be entitled to all 
the privileges of a freeman of this State. 

‘* You solemnly swear (oy affirin) that whenever you give your vote 
or suffrage, touching any matter that concerns the State of Vermont, 
you wil do it so as in your conscience you shall judge will most con- 
duce to the best good of the same, as established by the Constitution, 
without fear or favor of any man. (See the first article of amend- 
ment.) 


Sec. 45. Iu order that the freedom of this commonwealth may 
be preserved inviolate forever, there shall be chosen by a ballot, by 
the freemen of this State, on the last Wednesday in March, in the 
year one thousand seven hundred and ninety-nine, and on the last 
Wednesday in March in every seven years thereafter, thirteen per- 
sons, who shall be chosen in the same manner the Council is chosen 
except they sball not be out of the Council or General Assembly, to 
be called the Council of Censors, who shall meet together on the first 
Wednesday of June next ensuing their election, the majority of 
whom shall be a quorum in every case, except as to calling a con- 
vention, in which two-thirds of the whole number elected shall agree ; 
and whose duty it shall be to-inquire whether the Uonstitution has 
been preserved inviolate in every part during the last septenary, (in- 
eluding the year of their service,) and whether the legislative and 
exe cutive branches of government have performed their duty as guar- 
dians of the people, or assumed to themselves, or exercised other or 
gre ater powers than they are entitled to by the Constitution. They 
are also to inquire whether the public taxes have been justly laid 


98 COUNCIL OF CENSORS. 








and collected in all parts of this commonwealth; in what manner 
the public moneys have been disposed of, and whether the laws have 
been duly executed. For these purposes they shall have power to 
send for persons, papers and records; they shall have authority to 
pass public censures, to order impeachments, and to recommend to 
the Legislature the repealing such laws as shall appear to them to 
have been passed contrary to the principles of the Constitution ; 
these powers they shall continue to have for and during the space of 
one year from the day of their election, and no longer. The said 
Council of Censors shall also have power to call « convention, to 
meet within two years after their sitting, if there appears to them 
an absolute necessity of amending any article of this Constitution 
which may be defective, explaining such as may be thought not 
clearly expressed, and of adding such as are necessary, for the pres- 
ervation of the rights and happiness of the people. But the articles 
to be amended, and the amendments proposed, and such articles aa 
are proposed to be added or abolished, shall be promulgated at least 
six months before the day appointed for the election of such conven- 
tion, for the previous consideration of the people, that they may have 
an opportunity of instructing their delegates on the subject. 


ARTICLES OF AMENDMENT. 


Aart. TV. [The Senate shall be composed of thirty sena tors, to be 
of the freemen of the county for which they are elected, respective- 
ly, who are thirty years of age or upwards, and to be annually elected 
by the freemen of each county respectively. Hach county shall be 
entitled to one senator, at least, and the remainder of the senators 
shall be apportioned to the several counties according to their popu- 
lation, as the same was ascertained by the last census, taken under — 
the authority of the United States—regard being always had, in such 
apportionment, to the counties having the greatest fraction. But 
the several counties shall, until after the next census of the United 
States, be entitled to elect, and have their senators, in the following 
proportion, to wit :— 

Bennington county, two; Windham county, three; Rutland coun- 
ty, three ; Windsor county, four; Addison county, three ; Orange 
county, three; Washington county, two; Chittenden county, two; 
Caledonia county, two; Franklin county, three; Orleans oquneys 
one; Essex county, one; Grand Isle county, one. 


COUNCIL OF CENSORS. 99 


Phe Loagislature shall make a new apportionment of the senators, 
to the several counties, after the taking of each census of the United 
States, or census taken for the purpose of such apportionment, by 
order of the government of this State, always regarding the above 
provisions in this article.| (See the twenty-third article of amend- 
ment.) 


Art. V. The freemen of the several towns in each county, shall 
annually give their votes for the senators, apportioned to such coun- 
ty, at the same time and under the same regulations as are now pro- 
vided for the election of councillors.* And the person or persons, 
equal in number to the number of senators apportioned to such 
county, having the greatest number of legal votes in such county 
respectively, shall be the senator or senators of such county. At 
every election of senators, after the votes shall have been taken, the 
constable or presiding officer, assisted by the selectmen and civil au- 
thority present, shall sort and count the said votes, and make two 
lists of the names of each person, with the number of .votes given 
for each annexed to his name, a record of which shall be made in 
the town clerk’s office, and shal! seal up said lists, separately, and 
write on each the name of the town, and these words, “ Votes for 
Senator,” or ‘+ Votes for Senators,” as the case may be, one of which 
lists shall be delivered by the presiding officer to the representative 
of said town, (if any) and if none be chosen, to the representative 
of an adjoining town, to be teansmitted to the President of the Sen- 
ate; the other list, the said presiding officer shall, within ten days, 
deliver to the clerk of the county court, for the same county, and 
the clerk of each county court, respectively, or im case of his ab- 
sence or disability, the sheriff of such county, or in case of the ab- 
sence or disability of both, the high bailiff of such county, on the 
tenth day after such election, shall publicly open, sort and count said 
votes, and make a record of the same, in the office of the clerk of 
such county court, a copy of which he shall transmit to the senate ; 
and shall also, within tea days thereafter, transmit to the person or 
persons elected, a certificate of his or their election. Provided, 
however, that the General Assembly saall have power to regulate by 
law the mode of balloting for senators, within the several counties, 
and to prescribe the means, and the manner by which the result of 
the balloting shall be ascertained, and through which the senators 


*B8ection 10 of Part IL. 


100 COUNCIL OF CENSORS. 





chosen, shall be certified of their election, and for filling all vacan- 
cies in the senate, which shal] happen by death, resignation or other- 
wise. But they shall not have power to apportion the senators to 
the several counties, otherwise than according to the population 
thereof, agreeably to the provisions hereinbefore ordained. 


Ant. X. The Secretary of State, and all officers whose elections 
are not otherwise provided for, and who, under the existing provisions 
of the Constitution, are elected by the Council and House of Repre- 
sentatives, shall hereafter be elected by the Senate and House of 
Representatives, in joint assembly, at which the presiding officer of 
the Senate shall preside; and such presiding officer, in such joint 
assembly, shall have a casting vote, and no other. 


Ant. XIX. All the officers named in the preceding articles of 
amendment (articles XIV to XVIII) shall be annually elected by bal- 
Jot, and shall hold their offices for one year, said year commencing on 
the first day of December next after their election. 


Arr. 21. The term of office of the Governor, Lieutenant-Gov- 
ernor, and Treasurer of the State, respectively, shall commence when 
they shall be chosen and qualifiedand shall continue for the term of 
one year, or until their successors shall be chosen and qualified, or 
to the adjournment of the session of the Legislature, at which, by 
' the Constitution and laws, their successors are required to be chosen, 
and not after such adjournment.—And the Legislature shall provide, 
by general law, declaring what officer shall act as Governor when- 
ever there shall be a vacancy in both the offices of Governor and 
Lieutenant-Governor, occasioned by a failure to elect, or by the re- 
moval from office, or by the death, resignation, or inability of both 
- Governor and Lieutenant-Governor, to exercise the powers and dis- 
charge the duties of the office of Governor; and such officer, so 
designated, shall exercise the powers and discharge the duties ap- 
pertaining to the office of Governor, accordingly, until the disability 
shall be removed, or a Governor shall be elected.—And in case there 
shall bea vacancy in the office of Treasurer, by reason of any of 
the causes enumerated, the Goverror shall appoint a ‘freasurer for 
the time being, who shall act as Treasurer until the disability shall 
be removed, or a new election shall be made. 


Ant, 28. The Senate shall be composed of thirty senators, to be 
of the freemen of the county for which they are elected, respective- 


COUNCIL OF CENSORS, 101 
ly, who shall have attained the age of thirty years, and they shall 
be elected annually by the freemen of each county respectively. 

The senators shall be apportioned to the several counties, accord- 
ing to the population, as ascertained by the census taken under the 
authority of Congress in the year 1840, regard being always had, in 
such apportionment, to the counties having the largest fraction, and 
giving to each county at least one senator. 

The Legislature shall make a new apportionment of the senators 
to the several counties, after the taking of each census of the United 
States or after a census taken for the purpose of such apportionment, 
under the authority of this State, always regarding the above pro- 
visions of this article. 


STATE OF VERMONT, > 
In Councit or Censors, ‘+ 
Montpelier, Oct. 22, A. D. 1869. J 


We hereby certify that the above are Articles of Amendment to 
the Constitution of the State of Vermont proposed by said Council, 
and Articles of the present Constitution affected by said proposed 
amendments ; and the same are hereby promulgated by order of said 


Council. 
President, 
Secretary. 


102 COUNCIL OF CENSORS. 


— esac ah Sng eR pa i a a 


ORDINANCE, 


STATE OF VERMONT,  } 
Ix Councrs or Censors, 
Montpelier, October 22, A. D. 1869. 

‘The Council having determined to propose certain amendments to 
the Constitution of the State, and to call a Convention to consider 
such amendments; therefore, 

Iv 1s Orprrep by said Council that a Convention of the people 
of the State of Vermont shall meet at the State House in Mont- 
pelier, on the second Wednesday of June, A. D. 1870, at ten o’clock 
in the forenoon, to consider the said prepesed amendments and adopt 
the same, or such parts thereof as the said Convention shall deem nec- 
essary to preserve the peace and happiness of the people of this State. 
And for the purpose of electing delegates to attend said Conven- 
tion, the first constable of each organized town in this State, or in his 
absence, the town clerk, or in the absence of both, one of the select- - 
men of each town, without further order, shall set up a notification 
in writing, at such place or places as shall have been designated by 
such town for notifying town meetings, at least twelve days before 
the second Tuesday of May, A. D. 1870, warning the freemen of 
such town to meet on the said second Tuesday of May, A. D. 1870, 

at ten o’clock in the forenoon, at the place where the last Hreemen’s 

| Meeting was held in such town, for the purpose of electing a dele- 
gate to represent the freemen of such town in said Convention, and 
at the opening of such meeting this ordinance shall be publicly read. 
And the same officer shall preside at said meeting as is required 

by law to preside at I’reemen’s Meeting, and shall call on the free- 
men of such town for the space of four hours to give in their votes 
for such delegate; which votes shall be given and received in the 
same manner and under the same regulations as are by law provided 
for electing representatives to the General Assembly. And at the 
expiration of said time, the votes so taken shall be sorted and count- 
ed by the presiding officer and such of the selectmen and justices of 
the peace of such town as shall be present; and if no person 
shall have a majority of all the votes given, the presiding officer 
shall so inform the freemen, and call on them as aforesaid, giving 
a reasonable time only for receiving their votes, and so continue from 


COUNCIL OF CENSORS. 103 








time to time, to receive and count the votes until an election of a 
delegate shall be made. 


And when an election shall be made, as aforesaid, it shall be the 
duty of the presiding officer of the meeting to declare the same, and 
to deliver to the person elected a certificate of the following tenor, 
to wit : 

STATH OF VERMONT, ) 

County, ss. § Ata I’reemen’s Meeting warned 
and holden at in pursuance of an ordinance of the 
Council of Censors, on the second Tuesday of May, A. D. 1870, 
| was elected a delegate by a majority of the freemen 
present, to represent the people of the town of in a 
State Convention to be held at Montpelier, on the second Wednesday 
of June, A. D. 1870, to consider certain amendments to the Consti- 
tution of this State proposed by the said Council of Censors in Oo- 
tober last. 

Given under my hand at , this day of May, 
A. DD, 1870, 

Virst Constable 


for ] 
and Presiding Officer. 

And the said certificate shall be a suilicient credential of the elec- 
tion of such person. 

Done in Council at Montpelier, the day and year above written. 

President, 
Secretary. 
All which is respectfully submitted. 
H. HENRY POWERS, 
JONATHAN ROSS, Committee. 
CHARLES REED, 

And the question being, Shall the proposed articles of 
amendment, the articles of the present Constitution affected 
thereby, and the ordinance, submitted by said committee for 
promulgation, be adopted? it was decided in the affirmative. 


Mr. Ross from the Committee on Revision and Engross- 
ment submitted the following report, which was accepted : 
To the Council of Censors : 

The Committee on Revision and Hngrossment, to whom was re- 
ferred a proposed address to the people, respectfully report : 


104 COUNCIL OF CENSORS. 


That they have had the same under consideration, and recommend 
the adoption of the following: 


ADDRESS. 


In Councit or CENSORS, 
Montpelier, October 22, 1869. 
To the people of the State of Vermont : 

The Council of Censors elected by the freemen of the State, on 
the last Wednesday of March, A. D. 1869, have concluded their la- 
bors, and have called a Convention, to be holden on the second ~ 
Wednesday of June, A. D, 1870, to act upon certain amendment 
to the Constitution which they have promulgated. 

The Council are not unanimous upon the policy of adopting all 
the proposed amendments. They have submitted those propesitions 
of amendment on which they believe the people desire to act. 

The reasons for making the proposals of amendment have been 
substantially set forth in the reports of the several committees which 
have been so extensively published that it is not deemed necessary 
to repeat those reasons here. The integrity and intelligence of the 
people are a sufficient guaranty that none of these proposals of 
amendment will find a place in the Constitution, except “ such as are 
necessary for the preservation of the rights and happiness of the 


STATE OF VERMONT, 


people.”’ 

The Council have also performed the other duties imposed on them 
by the Constitution, and their action and recommendations will be 
found in the reports of their committees and in the published proceed - 
ings of the Council, to which the people are most respectfully 
referred. 

J. ROSS, for the Committee. 

And the question being, Shall the address proposed by 
said committee be adopted? it was decided in the affirmative. 


Mr. REED from the Special Committee on Woman 
Suffrage, submitted the following report, which was read 
and accepted : 

To the Council of Censors : 

The Special Committee on Woman Suttrage who were instructed by 

a resolution adopted hy this Council “ to inquire into the justice and 


COUNCIL OF CENSORS. 105 


~ 





expediency of so amending the Constitution as to require that every 
voter shall be able to write and read his or her vote intelligibly, no 
person to exercise this franchise without such qualification,” respect- 
fully report : 

That they have had said resolution under consideration, and that 
such an amendment as is therein contemplated would, in their opin- 
ion, be inexpedient at the present time. 

Said committee therefore ask to be discharged from the further 


consideration of the subject. 
CHARLES REED, for Committee. 


Mr. Powers introduced the following resolution, which 
was read and adopted : 


Resolved, That the thanks of this Council are due and are hereby 
tendered to the President, for the courteous and satisfactory manner 
in which he has discharged the duties of the chair during the three 
 gessions of the Council. 


Mr. Ross introduced the following resolution, which was 
read and adopted : 


Resolved, That the Secretary procure one thousand copies of the 
Journal of this Council to be printed, and that three hundred copies 
thereof be delivered to the Sergeant-at-Arms of this State to be dis- 
tributed among the members and officers of the convention, when 
assembled, and that three hundred and fifty copies be delivere’ to 
the sheriffs of the several counties, to be by them distributed as fol- 
Jows: to the Governor ten copies; to the Lieutenant Governor five 
copies ; to the Secretary of State ten copies; tothe Clerk of the House 
of Representatives ten copies; to the Secretary of the Senate five 
copies: to the Secretary of Civil and Military Affairs five copies ; to 
the late Governors and Lieutenant Governors, to the judges of the 
Supreme Court, and to the town clerk of each organized town in the 
State, one copy each; and the Secretary shall deliver to the Vermont 
Historical Society fifty copies; to each member of this Council ten 
copies, and the residue to the State Librarian for the use of the 
State. 


Mr. Rxeep introduced the following resolution, which was 
_ read and adopted : 


Resolved, That the Secretary procure to be printed as soon as may 
be, seven hundred copies of the proposed amendments to the Con- 
stitution, the articles of the present Constitution to be affected there- 
by, the ordinance of the Council, and its address: that the Secre- 
tary be directed to mail one copy of the same to the town clerk of 


106 COUNCIL OF CENSORS. 





re SE AE EE EB AL EET REET OC A sO eee 


each town in the State; and deliver one copy to each member of the 
General Assembly, and ten copies to the Governor of the State ; 
five copies to each member of the Council, and the balance to the 
State Librarian for the use of the State. 


Mr. CLEAVELAND introduced the following resolution, 
which was read and adopted : 


Resolved, That the thanks of the Council be tendered to the See- 
retary for the prompt and faithful manner in which he has discharged 
his arduous duties during the sessions of this Council. 


Myr. Reep introduced the following resolution which was 
read and adopted : 

Resolved, That the Secretary be directed to transmit to his Ex- 
cellency, the Governor of the State, a certified copy of the articles of 
amendment to the Constitution proposed by this Council, the articles 
of the present Constitution to be affected thereby, the ordinance of 
the Council, and its address, and signify to him the request of the 


Council that he lay the same before the Convention called by said 
ordinance, when assembled. 


On motion of Mr. LANs, adjourned. 


FRIDAY, OCTOBER 22, 1869. 


Journal of Thureday read, corrected and approved. 


On motion of Mr. Renrrevp, the Council adjourned with- 
out day. 


STATE OF VERMONT, 
In Councit oF CENsoRS, 
Montpelier, October 22, A. D. 1869. 

I hereby certify that the foregoing is a true record of the pro- 
eeedings of the Council of Censors, elected by the freemen of the 
State of Vermont, on the last Wednesday of March, A. D. 1869, at 
all their sessions. 

Attest, ARTHUR CULVER, Secretary. - 





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